GIFT  OF 


5chool  Laws 


of  the 


STATE  OF  MONTANA 

Comprising  all  the  Laws  in  force  pertaining  to    Public   Schools, 

State  Educational  Institutions,  School  Lands  and  Public 

Lands  appropriated  to  the  use  of  the  State 

Educational    Institutions 


i  'ilod  at  the  office  of  th«- 

SUPERINTENDENT  OF   PUBLIC    INSTRUCTION 
May,  1909 

-    PI  m  ISHLD  BY  AUTHORITY 


School  Laws 


of  the 


II 


5TATE.  OF  MONTANA 

Comprising  all  the  Laws  in  force  pertaining  to    Public    Schools, 

State  Educational  Institutions,  School  Lands  and  Public 

Lands  appropriated  to  the  use  of   the   State 

Educational    Institutions 


Compiled  at  the  office  of  the 

SUPERINTENDENT  OF    PUBLIC    INSTRUCTION 
May,   1909 

PUBLISHED  BY  AUTHORITY 


State  of  Montana, 
Department  of  Public  Instruction^ 

This  Pamphlet  contains  the  School  >Laws  of  the  State  in. 
force  to  date. 

W.  E.  HARMON, 

Superintendent  of  Public  Instruction. 
Helena,  Montana,  May,  19x39. 


THIS  VOLUME  IS  STATE  PROPERTY. 

And  is  for  the  use  of  the  School  Officers  of School 

District  Xo ,  County  of ,  State 

of  Montana. 


School  officers  on  retiring  from  office,  are  required  by  law 
to  deliver  this  volume,  with  all  other  books  and  documents  of 
an  official  character,  to  their  successors  in  office.  The  Clerk  i.-> 
the  proper  custodian  of  this  book. 


247902 


Lfe  2LS 


THE  MONTANA  STATE   BOARD   OF  EDUCATION. 

Ex-Officio. 

GOVERNOR  EDWIN  L.  -NORRIS,  President. 
ALBERT  J  GALEN,  Attorney  General. 

W.  E.  HARMON,  Sup't  Public  Instruction,  Sec. 

By  Appointment. 
Chas.  R.  Leonard,  Butte. 

John  M.  Evans,  Missoula. 

Roy  E.  Ayres,  Lewistown. 

O.  W.  McConnell,  Helena. 

O.  P.  Chisholm,  Bozeman. 

S.  D.  Largent,  Great  Falls. 
H.   G.   Pickett,   Helena. 
G.  T.  Paul,  Dillon. 

B.     T.     Hathaway,    Clerk. 

Officers  of  the  Board. 

Edwin    L.    Norris    President 

John  M.  Evans. Vice-President 

E.  E.  Esselstyn   Treasurer 

W.   E.   Harmon  ..Secretary 


General  School  Law  of  the  State  of  Montana, 

PROVISIONS  OF  THE  ENABLING  ACT. 

Section  4.  And  said  (constitutional)  conventions 

shall  provide  by  ordinance  irrevocable  without  the  consent  of 
the  United  States  and  the  people  of  said  states  ***** 

Fourth.  That  provisions'  shall  be  made  for  the  establish- 
ment and  maintenance  of  systems  of  public  schools,  which  shall 
be  open  to  all  children  from  said  states,  and  free  from  sectarian 
control. 

Section  10.  That  upon  admission  of  each  of  said  states  into 
tiie  Union,  sections  numbered  16  and  36  in  every  township  of 
said  proposed  states,  and  where  such  sections  or  any  parts  there- 
of have  been  sold  or  otherwise  disposed  of  by  or  under  the  au- 
thority of  any  Act  of  Congress,  other  lands  equivalent  thereto, 
in  legal  subdivisions  of  not  less  than  one  quarter  section,  and  as 
contiguous  as  may  be  to  the  section  in  lieu  of  which  the  same 
is  taken,  are  hereby  granted  to  said  states  for  the  support  of 
common  schools,  such  indemnity  land  to  be  selected  within  said 
>tates  in  such  manner  as  the  Legislature  may  provide,  with  the 
approval  of  the  Secretary  of  the  Interior ;  Provided,  that  the 
sixteenth  and  thirty-sixth  sections  embraced  in  permanent  reser- 
vations for  national  purposes  shall  not,  at  any  time,  be  subject  to 
the  grants  nor  to  the  indemnity  provisions  of  this  act,  nor  shall 
any  lands  embraced  in  Indian,  military  or  other  reservations  of 
any  character,  be  subject  to  the  grants  or  to  the  indemnity  provi- 
sions of  this  act  until  the  reservation  shall  have  been  extinguished 
and  such  lands  be  restored  to,  and  become  a  part  of  the  public 
domain. 

Section  11.  That  all  lands  herein  granted  for  educational 
purposes  shall  be  disposed  of  only  at  public  sale,  and  at  a  price 
not  less  than  ten  (10)  dollars  per  acre,  the  proceeds  to  consti- 
tute a  permanent  school  fund,  the  interest  of  which  only  shall 

\pended  in  the  support  of  said  schools.  T.ut  said  lands  may, 
under  such  regulation  a-  ihe  Legislature  shall  prescribe,  be  leased 
for  periods  of  not  more  than  five  years,  in  quantities  not  ex- 


6  GENERAL. SCHOOL  LAW 

ceeding  one  section  to  any  one  person  or  company ;  and  such 
lands  shall  not  be  subject  to  pre-emption,  homestead  entry,  or 
any  other  entry  under  the  land  laws  of  the  United  States, 
whether  surveyed  or  unsurveyed,  but  shall  be  reserved  for  school 
purposes  only. 

Section  13.  That  5  per  centum  of  the  proceeds  of  the  sales  of 
public  lands  lying  within  said  states  which  shall  be  sold  by  the 
United  States  subsequent  to  the  admission  of  said  states  into  the 
Union,  after  deducting  all  the  expenses  incident  to  the  same, 
shall  be  paid  to  the  said  states,  to  be  used  as  a  permanent  fund, 
the  interest  of  which  only  shall  be  expended  for  the  support  of 
common  schools  within  said  states  respectively. 

Section  14.  That  the  lands  granted  to  the  Territories  of  Da- 
kota and  Montana  by  the  act  of  February  18,  1881,  entitled  "An 
act  to  Grant  Lands  to  Dakota,  Montana,  Arizona,  Idaho  and 
Wyoming,  for  University  Purposes,"  are  hereby  vested  in  the 
states  of  South  Dakota,  North  Dakota  and  Montana,  respect- 
ively, if  such  states  are  admitted  into  the  Union  as  provided  in 
this  act,  to  the  extent  of  the  full  quantity  of  seventy-two  sec- 
tions to  each  of  said  states,  and  any  portion  of  said  lands  that 
may  not  have  been  selected  by  either  of  said  Territories  of 
Dakota  or  Montana  may  be  selected  by  the  respective  states 
aforesaid;  but  said  act  of  February  18,1881,  shall  be  so  amended 
as  to  provide  that  none  of  said  lands  shall  be  sold  for  less  than 
ten  (10)  dollars  per  acre,  and  the  proceeds  shall  constitute  a  per- 
manent fund  to  be  safely  invested  and  held  by  said  states  sever- 
ally, and  the  income  thereof  to  be  used  exclusively  for  univer- 
sity purposes.  *  *  *  None  of  the  lands  granted  in  this  sec- 
tion shall  be  sold  at  less  than  ten  (10)  dollars  per  acre;  but  said 
lands  may  be  leased  in  the  same  manner  as  provided  in  Section 
ii  of  this  act.  The  schools,  colleges,  and  universities  provided 
for  in  this  act  shall  forever  remain  under  the  exclusive  control 
of  said  states,  respectively,  and  no  part  of  the  proceeds  arising 
from  the  sale  or  disposal  of  any  lands  herein  granted  for  educa- 
tional purposes  shall  be  used  for  the  support  of  any  sectarian  or 
denominational  school,  college  or  university.  *  *  * 

Section  16.  That  90,000  acres  of  land  to  be  selected  and 
located  as  provided  in  Section  10  of  this  act,  are  hereby  granted 
to  each  of  said  states  except  to  the  State  of  South  Dakota,  to 
which  120,000  acres  are  granted  for  the  use  and  support  of  agri- 
cultural colleges  in  said  states,  as  provided  in  the  acts  of  Con- 


STATE  OF  MONTANA. 


gress  making  donations  of  lands  for  such  purposes. 

Section  17.  That  in  lieu  of  the  grant  of  land  for  purposes  of 
internal  improvement  made  to  new  states  by  the  eighth  section 
of  the  act  of  September  4,  1841,  which  act  is  hereby  repealed  as 
to  the  states  provided  for  by  this  act,  and  in  lieu  of  any  claim 
or  demand  by  the  said  states,  or  either  of  them,  under  the  act 
of  September  28,  1850,  and  Section  2479  of  the  Revised  Statutes 
making  a  grant  of  swamp  and  overflowed  lands  to  certain  states, 
which  grant  it  is  hereby  declared  is  not  extended  to  the  states 
provided  for  in  this  act,  and  in  lieu  of  any  grant  of  saline  lands 
to  said  states,  the  following  grants  of  land  are  hereby  made,  to- 
wit: 

*  *  *  To  the  State  of  Montana:  For  the  establishment 
and  maintenance  of  a  School  of  Mines,  100,000  acres ;  for  State 
Normal  Schools,  100,000  acres ;  for  Agricultural  Colleges,  in  ad- 
dition to  the  grant  hereinbefore  made  for  that  purpose,  50,000 
acres;  for  the  establishment  of  a  State  Reform  School,  50,000 
acres ;  for  the  establishment  of  a  Deaf  and  Dumb  Asylum,  50,000 
acres ;  for  the  public  buildings  at  the  Capital  of  the  State,  in 
addition  to  the  grant  hereinbefore  made  for  that  purpose,  150,- 
ooo  acres. 

*  *  That  the  states  provided  for  in  this  act  shall  not  be 
entitled  to  any  further  or  other  grants  of  land  for  any  purpose 
than  as  expressly  provided  for  in  this  act.  The  lands  granted 
by  this  section  shall  be  held,  appropriated  and  disposed  of  ex- 
clusively for  the  purpose  herein  mentioned,  in  such  manner  as 
the  Legislatures  of  the  respective  states  may  severally  provide. 

Section  18.  That  all  mineral  lands  shall  be  exempted  from 
the  grants  of  this  act.  But  if  sections  16  and  36,  or  any  sub- 
division or  portion  of  any  smallest  subdivision  thereof  in  any 
township  shall  be  found  by  the  Department  of  the  Interior  to  be 
mineral  lands,  said  states  are  hereby  authorized  and  empowered 
to  select,  in  legal  subdivisions,  an  equal  quantity  of  other  unap- 
propriated lands  and  said  states,  in  lieu  thereof,  for  the  use  and 
benefit  of  the  common  schools  of  said  states. 

Section  19.  That  all  lands  granted  in  quantity  or  as  indem- 
nity by  this  act  shall  be  selected,  under  the  direction  of  the  Sec- 
retary of  the  Interior,  from  the  surveyed,  unsurveyed  and  un- 
appropriated public  lands  of  the  United  States  within  the, limits 
of  the  respective  states  entitled  thereto.  And  there  shall  be 
deducted  from  the  number  of  acres  of  land  donated  by  this  act 


GENERAL  SCHOOL  LAW 


for  specific  objects  to  said  states  the  number  of  acres  in  each 
heretofore  donated  by  Congress  to  said  territories  for  similar 
objects. 


CONSTITUTIONAL  PROVISIONS. 

(August  i7th,  1889.) 

PREAMBLE. 

We,  the  people  of  Montana,  grateful  to  Almighty  God  for  the 
blessings  of  liberty,  in  order  to  secure  the  advantages  of  a  State 
government,  do,  in  accordance  with  the  provisions  o>f  the 
Enabling  Act  of  Congress,  approved  the  22nd  of  February, 
A.  D.  1889,  ordain  and  establish  this  Constitution. 

,     ARTICLE  V. 
The  Legislative  Department. 

Section  26.  The  Legislative  Assembly  shall  not  pass  local 
or  special  laws  in  any  of  the  following  enumerated  cases,  that  is 
to  say: 

*          *          *          *          *          *          *          *          *         * 

13.     Providing  for  the  management  of  common  schools. 

ARTICLE  VII. 
Executive  Department. 

Section  i.  The  Executive  Department  shall  consist  of  a  * 
Superintendent  of  Public  Instruction,  each  of  whom  shall  hold 
his  office  for  four  years,  or  until  his  successor  is  elected  and 
qualified,  beginning  on  the  first  Monday  of  January  next  suc- 
ceeding his  election,  except  that  the  terms  of  office  of  those  who 
are  elected  at  the  first  election,  shall  begin  when  the  state  shall 
be  admitted  into  the  Union  and  shall  end  on  the  first  Monday 
of  January,  A.  D.  1893.  The  officers  of  the  Executive  Depart- 
ment, excepting  the  Lieutenant  Governor,  shall  during  their 
terms  of  office  reside  at  the  seat  of  government  where  they  shall 
keep  the  public  records,  books  and  papers.  They  shall  perform 
such  duties  as  are  prescribed  in  this  Constitution  and  by  the 
laws  of  the  State.  ********,* 

Section  3.     No  person  shall  be  eligible  to  the  office  of     * 
Superintendent  of  Public   Instruction,  unless  ht  shall  have  at- 
tained the  age  of  thirty  years  at  the  time  of  his  election.     *     * 
In  addition  to  the  qualifications  above  prescribed,  each  of  the 
officers  named  shall  be  a  citizen  of  the  United  States,  and  have 


STATE  OF  MONTANA. 


9 


resided  within  the  State  or  Territory  two  years  next  preceding 
his  election. 

Section  4.  Until  otherwise  provided  by  law,  the  *  *  * 
Superintendent  of  Public  Instruction,  shall  quarterly  as  due, 
during  their  continuance  in  office,  receive  for  their  services  com- 
pen-ation  which  is  fixed  as  follows. 

Superintendent  of  Public  Instruction,  two  thousand  five  hun- 
dred dollars  per  annum. 

*  *  *  The  compensation  enumerated  shall  be  in  full  for 
all  services  by  said  officers  respectively  rendered  in  any  official 
capacity  or  employment  whatever  during  their  respective  terms 
of  office,  and  the  salary  of  no  official  shall  be  increased  during 
his  term  of  office.  X'o  officer  named  in  this  section  shall  receive 
for  the  performance  of  any  official  duty,  any  fee  for  his  own  use, 
but  all  fees  fixed  by  law  for  the  performance  by  any  officers  of 
any  official  duty,  shall  be  collected  in  advance,  and  deposited  with 
the  State  Treasurer  quarterly  to  the  credit  of  the  State.  No 
officer  mentioned  in  this  section  shall  be  eligible  to,  or  hold  any 
other  public  office,  except  member  of  the  State  Board  of  Educa- 
tion during  his  term  of  offi'ce. 

ARTICLE  IX. 

Elective  Franchise. 

ection  10.  ^Yomen  shall  be  eligible  to  hold  the  office  of 
County  Superintendent  of  schools  or  any  school  district  office 
and  shall  have  the  right  to  vote  at  any  school  district  election. 

ARTICLE  X. 

State  Institutions. 

Section  i.  Educational,  reformatory  and  penal  institutions, 
those  for  the  benefit  of  the  insane,  blind,  deaf  and  mute,  sol- 
diers' home,  and  such  other  institutions  as  the  public  good  may 
require,  shall  be  established  and  supported  by  the  state  in  such 
a  manner  as  may  be  prescribed  by  law. 

ARTICLE  XL 

Education. 

ction  i.      It  shall  be  the  duty  of  the  Legislative  Assembly 
Montana    to   establish   and    maintain   a   general,   uniform   and 
thorough  system  of  public,  free  common  schools. 

Section  2.  The  public  school  fund  of  the  State  shall  consist 
of  the  proceeds  of  such  lands  as  have  heretofore  been  granted, 


10  GENERAL  SCHOOL  LAW 

or  may  hereafter  be  granted,  to  the  State  by  the  general  govern- 
ment, known  as  school  lands ;  and  those  granted  in  lieu  of 
such  lands  acquired  by  gift  or  grant  from  any  person  or  corpora- 
tion under  any  law  or  grant  of  the  general  government;  and  of 
all  other  grants  of  land  or  money  made  to  the  State  from  the 
general  government  for  general  education  purposes,  or  where 
no  other  special  purpose  is  indicated  in  such  grant;  all  estate 
or  distributive  shares  of  estates  that  may  escheat  to  the  State; 
-all  unclaimed  shares  and  dividends  of  any  corporation  incorpor- 
ated under  the  laws  of  the  State,  and  all  other  grants,  gifts,  de- 
vises or  bequests  made  to  the  State  for  general  educational  pur- 
poses. 

Section  3.  Such  public  school  fund  shall  forever  remain  in- 
violate, guaranteed  by  the  State  against  loss  or  diversion,  to  be 
invested,  so  far  as  possible,  in  public  securities  within  the  State, 
including  school  district  bonds,  issued  for  the  erection  of  school 
buildings,  under  the  restrictions  to  be  provided  by  law. 

Section  4.  The  Governor,  Superintendent  of  Public  Instruc- 
tion, Secretary  of  State  and  Attorney  General  shall  constitute  the 
State  Board  of  Land  Commissioners,  which  shall  have  the  direc- 
tion, control,  leasing  and  sale  of  the  school  lands  of  the  State 
and  the  lands  granted  or  which  may  hereafter  be  granted  for 
the  support  and  benefit  of  the  various  State  educational  institu- 
tions, under  such  regulations  and  restrictions  as  may  be  pre- 
setted by  law. 

Section  5  The  interest  on  all  invested  school  funds  of  the 
State,  and  all  rents  accruing  from  the  leasing  of  any  school  lands, 
shall  be  apportioned  to  the  several  school  districts  of  the  State  in 
proportion  to  the  number  of  children  and  youths  between  the 
ages  of  six  and  twenty-one  years,  residing  therein  respectively, 
but  no  district  shall  be  entitled  to  such  distributive  share  that 
does  not  maintain  a  free  public  school  for  at  least  three  months 
during  the  year  for  which  distributions  shall  be  made. 

Section  6.  It  shall  be  the  duty  of  the  Legislative  Assembly 
to  provide  by  taxation,  or  otherwise,  sufficient  means  in  connec- 
tion with  the  amount  received  from  the  general  school  fund,  to 
maintain  a  public,  free,  common  school  in  each  organized  dis- 
trict in  the  State,  for  at  least  three  months  in  each  year. 

Section  7.  The  public  free  schools  of  the  State  shall  be  open 
to  all  children  and  youth  between  the  ages  of  six  and  twenty- 
one  years. 


STATE  OF  MONTANA.  -        11 


Section  8.  Neither  the  Legislative  Assembly,  nor  any  county, 
city,  town,  or  school  district,  or  other  public  corporations,  shall 
-ever  make  directly  or  indirectly,  any  appropriation,  or  pay  from 
any  public  fund  or  moneys  whatever,  or  make  any  grant  of  lands 
•or  other  property  in  aid  of  any  church,  or  for  any  sectarian  pur- 
pose, or  to  aid  in  the  support  of  any  school,  academy,  seminary, 
college,  university  or  other  literary,  scientific  institution  control- 
led in  whole  or  in  part  by  any  church,  sect  or  denomination  what- 
Iever. 
Section  9.  No  religious  or  partisan  test  of  qualification  shall 
ever  be  required  of  any  person  as  a  condition  of  admission  into 
any  public  educational  institution  of  the  State,  either  as  teacher 
or  student;  nor  shall  attendance  be  required  at  any  religious  ser- 
vice whatever,  nor  shall  any  sectarian  tenets  be  taught  in  any 
public  educational  institution  of  the  state ;  nor  shall  any  person 
be  debarred  admission  to  any  of  the  collegiate  departments  of 
the  university  on  account  of  sex. 

Section  10.  The  Legislative  Assembly  shall  provide  that  all 
elections  for  school  district  officers  shall  be  separate  from  those 
elections  at  which  State  or  County  officers  are  voted  for. 

Section  ii.  The  general  control  and  supervision  of  the  State 
University  and  the  various  other  State  educational  institutions 
shall  be  vested  in  a  State  Board  of  Education,  whose  powers  and 
duties  shall  be  prescribed  and  regulated  by  law.  The  said  board 
shall  consist  of 'eleven  members,  the  Governor,  State  Superin- 
tendent of  Public  Instruction  and  Attorney  General,  being  ex- 
officio,  the  other  eight  members  thereof,  shall  be  appointed  by  the 
Governor  subject  to  the  confirmation  of  the  Senate,  under  the 
regulation  and  restrictions  to  be  provided  by  law. 

Section  12.  The  funds  of  the  State  University  and  of  all 
other  state  institutions  of  learning,  from  whatever  source  ac- 
cruing, shall  forever  remain  inviolate  and  sacred  to  the  purpose 
for  which  they  were  dedicated.  The  various  funds  shall  be 
respectively  invested  under  such  regulations  as  may  be  prescribed 
my  law,  and  shall  be  guaranteed  by  the  State  against  loss  or 
diversion.  The  interest  of  said  invested  funds,  together  with  the 
rents  from  leased  lands  or  properties,  shall  be  devoted  to  the 
maintenance  and  perpetuation  of  these  respective  institutions. 


12  GENERAL  SCHOOL  LAW 

ARTICLE  XIII. 
Public  Indebtedness. 

Section  6.  No  city,  town,  township  or  school  district  shall 
be  allowed  to  become  indebted  in  any  manner  or  for  any  purpose 
to  an  amount,  including  existing  indebtedness,  in  the  aggregate 
exceeding  three  per  centum  of  the  value  of  the  taxable  property 
therein,  to  be  ascertained  by  the  last  assessment  for  the  State  and 
County  taxes  previous  to  the  incurring  of  such  indebtedness,  and 
all  bonds  or  obligations  in  excess  of  such  amount  given  by,  or  on 
behalf  of,  such  city,  town,  township  or  school  district  shall  be 
void ;  Provided,  however,  that  the  Legislative  Assembly  may 
extend  the  limit  mentioned  in  this  section,  by  authorizing  muni- 
cipal corporations  to  submit  the  question  to  a  vote  of  the  tax- 
payers  affected  thereby,  when  such  increase  is  necessary  to  con- 
struct  a  sewerage  system  or  to  procure  a  supply  of  water  foi 
such  municipality  which  shall  own  and  control  said  water  supply 
and  devote  the  revenues  derived  therefrom  to  the  payment  of 
the  debt. 

ARTICLE  XVII. 

Public  Lands. 

Section  I.  All  lands  of  the  State  that  have  been,  or  that  may 
hereafter  be  granted  to  the  State  by  Congress,  and  all  lands  ac- 
quired by  gift  or  grant,  or  devise,  from  any  person  or  corpora- 
tion, shall  be  public  lands  of  the  State,  and  shall  be  held  in  trust 
for  the  people,  to  be  disposed  of  as  hereafter  provided,  for  the 
respective  purposes  for  which  they  have  been  or  may  be  granted, 
donated  or  devised ;  and  none  of  such  land,  nor  any  estate  or  in- 
terest therein,  shall  ever  be  disposed  of  except  in  pursuance  of 
general  laws  providing  for  such  disposition,  nor  unless  the  full 
market  value  of  the  estate  or  interest  disposed  of,  to  be  ascer- 
tained in  such  a  manner  as  may  be  provided  by  law,  be  paid  or 
safely  secured  to  the  State ;  nor  shall  any  lands  which  the  State 
holds  by  grant  from  the  Lrnited  States  (in  any  case  in  which 
the  manner  of  disposal  and  minimum  price  are  so  prescribed)  be 
disposed  of,  except  in  the  manner  and  for  at  least  the  price  pre- 
scribed in  the  grant  thereof,  without  the  consent  of  the  United 
States.  Said  lands  shall  be  classified  by  the  Board  of  Land 
Commissioners,  as  follows :  First,  lands  which  are  valuable  only 
for  grazing  purposes.  Second,  those  which  are  principally  valu- 
able for  the  timber  that  is  on  them.  Third,  agricultural  lands. 


STATE  OF  MONTANA. 

Fourth,  lands  within  the  limits  of  any  town  or  city  or  within 
three  miles  of  such  limits ;  Provided,  That  any  of  said  lands 
may  be  re-classified  whenever,  by  reason  of  increased  facilities 
for  irrigation  or  otherwise,  they  shall  be  subject  to  different 
classification. 

Section  2.  The  lands  of  the  first  of  said  classes  may  be  sold 
or  leased,  under  such  rules  and  regulations  as  may  be  prescribed 
by  law.  The  lands  of  the  second  class  may  be  sold,  or  the  tim- 
ber thereon  may  be  sold,  under  such  rules  and  regulations  as 
may  be  prescribed  by  law.  The  agricultural  lands  may  be 
either  sold  or  leased,  under  such  rules  and  regulations  as  may 
be  prescribed  by  law.  The  land  of  the  fourth  class  shall  be 
sold  in  alternate  lots  of  not  more  than  five  acres  each,  and  not 
more  than  one-half  of  any  one  tract  of  such  lands  shall  be  sold 
prior  to  the  year  of  one  thousand  nine  hundred  and  ten  (1910). 

Section  3.  All  public  lands  may  be  disposed  of  in  such  man- 
ner as  may  be  provided  'by  law. 


STATUTORY  PROVISIONS. 

TITLE  III. 

Education. 

Chapter       I.  State  Board  of  Education. 

Chapter     II.  State  University  of  Montana. 

Chapter  III.  School  of  Mines  of  Montana. 

Chapter  IV.  Agricultural   College  of  Montana. 

Chapter     V.  State  Normal  School. 

Chapter  VI.  State  Text  Book  Commission. 

Chapter  VII.  Public  Schools. 

CHAPTER  I. 

State  Board  of  Education. 

Section  642.  Membership. 

Section  643.  Appointment  and  term. 

Section  644.  Oath. 

Section  645.  Officers. 

Section  646.  Quorum. 

Section  647.  Meetings. 

Section  649.  State  diplomas. 

Section  650.  Life  diplomas. 

Section  651.  Graduate  of  state  normal  school. 

Section  652.  Revocation  of  diploma. 

Section  653.  Expenses. 

Section  654.  Membership. 


14  GENERAL  SCHOOL  LAW 

Section  G55.  Appointment  and  term. 

Section  G5G.  Oath. 

Section  G57.  Officers. 

Section  G58.  Quorum. 

Section  G59.  Meetings. 

Section  GGO.  Powers   and    duties. 

Section  GG1.  State  diplomas. 

Section  GG2.  Life   diplomias. 

Section  GG3.  Graduate  of  state  normal   school. 

Section  GG4.  Revocation  of  diploma. 

Section  GG5.  Expenses. 

642.  (Sec   1510.)     Membership. — The  State  board  of  educa- 
tion shall  consist  of  eleven  members,  of  which  number  the  gov- 
ernor,  state   superintendent  of  public   instruction   and  attorney 
general  shall  be  ex-officio  members.     (Act  approved  March  10, 

1895). 

Hilburn  v.  St.  P.  R.  Co.,  23  Mont.  243;   58  Pac.  556. 

643.  (Sec.    1511.)     Appointment   and   Term. — The   governor 
shall  appoint,  by  and  with  the  advice  and  consent  of  the  senate, 
the  remaining  eight  members  of  the  board.     The  persons  first 
appointed  under  the  provisions  of  this  title  shall  hold  office  for 
the  following  terms :     Two  shall  be  appointed  for  the  term  of 
two  years  from  the  first  day  of  February,  1893 ;  two  for  the  term 
of  three  years  from  the  first  day  of  February,  1893;  two  of  the 
term  of  four  years  from  the  first  day  of  February,  1893,  and  two 
for  the'  term  of  five  years  from  the  first  day  of  February,  1893. 
The  successors  shall  be  appointed  for  the  term  of  four  years, 
and  until  their  successors  are  appointed  and  qualified.     (Act  ap- 
proved March  n,  1895). 

644.  (Sec.  1512.)  Oath. — The  persons  so  appointed  as  mem- 
bers of  the  state  board  of  education  shall  before  entering  upon 
the  duties  of  their  office,  take  and  subscribe  the  constitutional 
oath  of  office  prescribed  for  civil  officers,  which  shall  be  filed  in 
the  office  of  the  secretary  of  state.  (Act  approved  March  n, 

1895). 

645.  '(Sec.  1513.)  Officers — The  governor  shall  be  the  presi- 
dent of  said  board,  and  the  superintendent  of  public  instruction 
shall  be  the  secretary  thereof.  The  state  treasurer  shall  be  the 
treasurer  of  the  board.  (Act  approved  March  n,  1895). 

State  v.  Barret,  2G  Mont.  GG;  66  Pac.  506.  The  state  treasure/  is 
the  treasurer  of  the  state  board  of  education,  and  is  liable, 
upon  the  order  of  the  board,  to  pay  out  the  income  derived 
from  the  rents  of  lands  granted  by  the  United  States  in  aid 
of  the  state  agricultural  college. 


STATE   OF  MONTANA.  15- 

646.  (Sec.   1514.)     Quorum — A  majority  of  said  board  shall 
constitute  a  quorum  for  the  transaction  of  business.     (Act  ap- 
proved March  u,  1895). 

647.  (Sec.    1515.)     Meetings. — The   board   shall    hold    semi- 
annual meetings  at  the  state  capitol  on  the  first  Monday  in  June 
and  December  in  each  year,  and  may  hold  special  meetings  at 
any  time  and  place  they  may  direct.     The  president  and  secretary 
of  the  board  may  also  call  special  meetings  of  said  board  at  any 
time  and  place,  if  in  their  judgment  the  necessity  requires  it. 
(Act  approved  March  n,  1895). 

649.  (Sec.  1517.)     State  Diplomas. — State  diplomas  shall  be 
issued  to  such  persons,  as  have  a  good  moral  character,  and  who 
have  held  for  one  year  and  still  hold  in  full  force  and  effect,  a 
first  grade  county  certificate  with  the  addition  of  English  litera- 
ture and  mental  philosophy,  and  who  shall  furnish  satisfactory 
evidence  of  having  been  successfully  engaged  in  teaching  for  at 
least  five  years.     The  term  "five  years"  shall  be  construed  to 
mean  five  years  of  not  less  than  seven  months  each ;  that  is,  the 
applicant  must  have  taught  a  part  of  each  year  for  five  years — 
not  necessarily  consecutive  years — and  in  all  thirty-five  months, 
of  which  at  least  twenty-one  months  must  have  been  in  the  public 
schools  of  Montana ;  Provided,  That  the  state  board  of  education 
shall  have  the  power  to  add  such  other  studies  to  those  enumer- 
ated in  this  section  as  they  may  deem  necessary.     (Act  approved 
March  11,   1895). 

650.  (Sec.  1518.)     Life  diplomas  may  be  issued  upon  all  and 
the  same  conditions  as  state  diplomas,  except  that  the  applicant 
must  pass  a  satisfactory  examination    upon    the    rudiments    of 
botany,  geology,  political  economy,  zoology  and  general  history,. 
and  must  furnish  satisfactory  evidence  of  having  been  success- 
fully engaged  in  teaching  for  at  least  ten  years.     "Ten  years" 
shall  be  construed  to  mean  ten  years  of  not  less  than   seven 
months  each  ;  that  is,  the  applicant  must  have  taught  some  part 
of  each  year  for  ten  years — not  necessarily  consecutive  years — 
and  in  all  seventy  months,  of  which  at  least  twenty-one  months 

Hmust  have  been  in  the  public  schools  of  Montana.  (Act  ap- 
proved March  11,  1895). 
.  (Sec.  1519.)  Graduate  of  State  Normal  School.— A  state 
or  life  diploma  may  be  granted  to  any  graduate  of  the  state 
normal  school  of  Montana,  or  of  the  state  university  of  Montana,, 
when  the  said  graduate  furnishes  satisfactory  evidence  of  having. 


16  GENERAL  SCHOOL  LAW 

successfully  taught,  after  graduation,  a  public  school  in  this  state 
for  sixteen  school  months.  State  or  life  diplomas  may  be  granted 
to  graduates  of  other  educational  institutions  within  or  without 
the  state,  upon  conditions  established  by  the  state  board  of  edu- 
cation. (Act  approved  March  n.  1895). 

652.  Revocation  of  Diplomas. — Ajny  State  or  Life  Diploma 
may  be  revoked  by  the  state  superintendent  of  public  Instruction 
for  incompetency  or  immoral  conduct  on  the  part  of  the  holder 
of  it,  or  for  any  cause  that  would  require  the  state  board  of 
education  to  refuse  to  grant  it  if  known  at  the  time  the  diploma 
was  granted ;  but,  before  any  such  revocation,  the  holder  shall  be 
served  with  a  written  statement  of  the  charges  against  him, 
and  shall  have  an  opportunity  for  defense  before  said  state  board 
of  education.  The  state  superintendent  may  grant  a  temporary 
state  certificate,  at  any  time,  to  any  teacher  whose  experience, 
qualifications  and  credentials,  in  his  opinion,  entitle  such  a 
teacher  to  either  a  state  or  life  diploma  in  Montana.  Such  tem- 
porary state  certificate,  however,  shall  be  good  and  valid  in  any 
county  in  the  state  only  until  the  next  regular  meeting  of  the 
state  board  of  education ;  provided,  however,  that  the  holder  of 
such  certificate  shall  have  it  duly  registered  in  the  office  of  the 
county  superintendent  of  schools  of  the  county  in  which  he  is 
employed  to  teach  before  he  begins  teaching,  and,  provided,  also, 
that  such  teacher  shall  pay  for  such  registration,  the  sum  of  one 
($1.00)  dollar  into  the  institute  fund  of  such  county.  (Act  ap- 
proved February  8,  1907).  (loth  Sess.  Chap.  9). 

^53-  (Sec.  1521.)  Expenses. — The  members  of  said  board 
shall  receive  no  compensation  for  their  services,  but  shall  be 
allowed  their  actual  traveling  expenses  incurred  in  attending  the 
meetings  of  the  board,  which  expenses  and  all  other  expenses,  on 
the  certificate  of  the  secretary  of  the  board,  shall  be  audited  and 
approved  by  the  state  board  of  examiners,  and  paid  by  warrant 
of  the  state  auditor  on  the  state  treasurer.  (Act  approved  March 
]],  1895). 

654.  Sec.  1522.)     Membership. — The  state  board  of  education 
shall  consist  of  eleven  members,  of  which  number  the  governor, 
state  superintendent  of  public  instruction  and  attorney  general 
shall  be  ex-officio  members.     (Act  approved  March  I,  1893). 

655.  (Sec.   1523.)     Appointment    and    Term. — The    governor 
shall  appoint  by  and  with  the  advice  and  consent  of  the  senate 
the  remaining  eight  members  of  said  board.     The  persons  first 


STATE  OF  MONTANA.  17 

appointed  under  the  provisions  of  this  act,  shall  hold  their  office 
for  the  following  terms,  viz:  Two  shall  be  appointed  for  the 
term  of  two  years  from  the  first  day  of  February,  1893 ;  two  for 
the  term  of  three  years  from  the  first  day  of  February,  1893 ; 
two  for  the  term  of  four  years  from  the  first  day  of  February, 
1893,  and  two  for  the  term  of  five  years  from  the  first  day  of 
February,  1893.  Their  successors  shall  be  appointed  for  the 
term  of  four  years,  and  until  their  successors  are  appointed  and 
qualified.  (Act  approved  March  i,  1893). 

656.  (Sec.  1524.)     Oath. — The  persons  so  appointed  as  mem- 
bers of  the  state  board  of  education  shall,  before  entering  upon 
the  duties  of  their  office,  take  and  subscribe  the  constitutional 
oath  of  office  prescribed  for  civil  officers,  which  shall  be  filed 
in  the  office  of  the  secretary  of  state.     (Act  approved  March  I, 

1893). 

657.  (Sec.  1525.)     Officers. — The  governor  shall  be  the  presi- 
dent of  said  board,  and  the  state  superintendent  of  public  instruc- 

I          shall  be  the  secretary  thereof.    The  state  treasurer  shall  be 
the  treasurer  of  the  board.     (Act  approved  March  I,  1893.) 
658.     (Sec.    1526.)     Quorum. — A   majority  of  the   said  board 
shall  constitute  a  quorum  for  the  transaction  of  business.     (Act 
approved   March   I,   1893). 

659.  (Sec.  1527.)     Meetings. — The  board  shall  hold  semi-an- 
nual meetings  at  the  state  capitol  on  the  first  Monday  of  June 
and  December  in  each  year,  and  may  hold  special  meetings  at 
any  time  and  place  they  may  direct.     The  president  and  secre- 
tary of  the  board  may  also  call  meetings  of  said  board  at  any  time 
and  place,  if  in  their  judgment,  necessity  requires  it.     (Act  ap- 
proved .March  I,  1893). 

660.  (Sec.    1528).     Powers    and    Duties. — The    powers    and 
duties  of  said  board  shall  be  as  follows : 

1 .  They  shall  have  the  general   control  and   supervision  of 
the  state  university  and  the  various  other  state  educational  in- 
stitutions. 

2.  To  adopt  rules  and  regulations  not  inconsistent  with  the 
constitution  or  laws  of  this  state  for  its  own  government,  and 
proper  and  necessary  for  the  due  execution  of  the  powers  and 
duties  conferred  upon  them  by  law. 

3.  To  prescribe  rules  and  regulations  for  the  government  of 
the  various  state  educational  institutions. 

4.  To  grant  diplomas  to  graduates  of  the  state  university  and 


18  GENERAL  SCHOOL  LAW 

other  state  educational  institutions,  upon  the  recommendation  of 
the  faculties  thereof,  and  may  confer  honorary  degrees  upon  per- 
sons other  than  graduates,  upon  recommendations  of  the  faculty 
of  any  of  said  institutions. 

5.  To  adopt  and  use  in  the  authentication  of  its  acts  an  official 
seal. 

6.  To  grant  state  diplomas,  valid  for  six  years,  and  life  diplo- 
mas. 

7.  To  keep  a  record  of  the  proceedings. 

8.  To  make  an  annual  report  on  or  before  the  first  day  of 
January,  which  shall  be  printed  under  the  direction  of  the  board. 

9.  To  receive  from  the  state  board  of  land  commissioners  or 
other  boards,  or  persons,  or  from  the  government  of  the  United 
States,  any  and  all  funds,  incomes  and  other  property  to  which 
any  of  the  said  institutions  may  be  entitled  and  to  use  and  ap- 
propriate the  same  for  the  specific  purpose  of  the  grant  or  dona- 
tion, and  none  other;  and  to  have  general  control  of  all  receipts 
and  disbursements  of  any  of  said  institutions.     (Act  approved 
March  i,  1893). 

661.  (Sec.   1529.)     State  Diplomas. — State  diplomas  may  be 
issued  to  such  persons  only  as  have  a  good  moral  character  and 
who  have  held  for  one  year  and  still  hold  in  full  force  and  effect 
a   first   grade   county   certificate,   with   the   addition   of   English 
literature  and  mental  philosophy  and  who  shall  furnish  satisfac- 
tory evidence  of  having  been  successfully  engaged  in  teaching  for 
at  least  five  years.     The  term  "five  years"  shall  be  construed  to 
mean,  for  five  years  of  not  less  than  seven  months  each ;  that 
is  the  applicant  must  have  taught  a  part  of  each  year  for  five 
years — not  necessarily  consecutive  years — and  in  all  thirty-five 
months,  of  which  at  least  twenty-one  months  must  have  been  in 
the  public  schools  of  Montana.     (Act  approved  March  I,  1893). 

662.  (Sec.  1530.)     Life  Diplomas. — Life  diplomas  may  be  is- 
sued upon  all  and  the  same  conditions  as  state  diplomas,  except 
that  the  applicant  must  pass  a  satisfactory  examination  upon  the 
rudiments  of  botany,  geology,  political  economy,  zoology,  and 
general  history,  and  must  furnish  satisfactory  evidence  of  having 
been  successfully  engaged  in  teaching  for  at  least  ten  years.  Ten 
years  shall  be  construed  to  mean  ten  years  of  not  less  than  seven 
months  each ;  that  is,  the  applicant  must  have  taught  some  part 
of  each  year  for  ten  years — not  necessarily  consecutive  years — 
and  in  all  seventy  months,  of  which  at  least  twenty-one  months 


S.TATE  OF  MONTANA.  19 

must  have  been  in  the  public  schools  of  Montana.     (Act  approv- 
ed  March   I,  1893). 

.  1531.)  Graduate  of  State  Normal  School. — A 
state  or  life  diploma  may  be  granted  to  any  graduate  of  the 
state  normal  school  of  Montana  or  of  the  state  university  of 
M  on  tana  when  the  said  graduate  furnishes  satisfactory  evidence 
of  having  successfully  taught,  after  graduation,  a  public  school 
in  this  state  for  sixteen  school  months.  State  or  life  diplomas 
max*  also  be  granted  to  graduates  of  other  educational  institutions 
within  or  xvithout  the  state,  upon  conditions  established  by  said 
state  board  of  education.  (Act  approved  March  I,  1893). 

664.  (Sec.  1532.)     Revocation  of  Diploma. — Any  state  or  life 
diploma  may  IK-  revoked  by  the  state  superintendent  for  incom- 
petency  or  immoral  conduct;  but  before  any  such  revocation,  the 
holder  shall  be  served  with  a  xvritten  statement  of  the  charges 
against   him,  and  shall  haxre  an  opportunity  for  defense  before 
said  slate  board  of  education.      (Act  approved  March   i,   1893). 

665.  (Sec.  533.)     Expenses. — The    members    of    said    board 
shall  receive  no  compensation  for  their  services  but  shall  be  al- 
loxved  their  actual  traveling  expenses  incurred  in  attending  the 
meetings  of  the  board,  which  expenses  and  all  other  expenses  on 
the  certificate  of  the  secretary  of  the  board,  shall  be  audited  and 
approved  by  the  state  board  of  examiners,  and  paid  by  warrant 
of  the  state  auditor  on  the     state     treasurer.       (Act  approved 
March  i,  1893). 


SENATE  BILL  76. 
State  Board  of  Education. 
Duties  and  powers  of  state  board  of  education. 
General  contracts  of  state  institutions  enumerated. 
To  adopt  rules  and  regulations  for  state  educational  institutions. 
Text  boo 
Diplomas. 
Honorary  degrees. 
Seal. 

State  and  life  diplomas. 
Records. 
Annual  reports. 

Appoint  teachers  as  instructors  in  county  institutes. 
To   have    control    of   books,    records    and    property    of  colleges    and 
institutions  n:im«Ml. 

Appoint  the  president  and  faculty  of  various  state  institutions. 


20  GENERAL  SCHOOL  LAW 

Proviso. 

May  confer  certain  powers  on  executive  board  of  each  state  institu- 
tion named  in  this  Act. 

Authority  conferred  on  president  and  faculty. 

Executive  boards  of  institutions,  how  appointed. 

Residence  of  executive  boards. 

Powers  of  executive  board. 

Expenditures  and  contracts  limited  to  $250. 

Vacancies  in  executive  board,  to  be  filled  how. 

Secretary  of  executive  board,  may  act  as  treasurer.  Not  to  be 
member  of  Board. 

Bond. 

Amount  of  bond. 

Treasurer  of  board  the  treasurer  of  the  institution. 

Meetings  of  executive  board. 

Statements  and  reports  and  contents  'thereof. 

Statements  may  be  called  for  by  state  board  of  examiners  or  state 
board  of  education  at  any  time. 

Reports  shall  be  in  triplicate. 

Duties  of  chairman  and  secretary  of  executive  board. 

Matron  for  state  orphans'  home. 

Treasurer  of  executive  board  of  agricultural  college  has  authority 
to  receive  from  state  treasurer  certain  United  States  apportionments. 

How  United  States  apportionments  shall  be  expended. 

Treasurer  of  Agricultural  College,  when  to  make  detailed  statement. 

Statement  to  be  reported  to  secretary  of  agriculture  and  secretary 
of  interior  of  United  States  and  duplicate  filed  with  state  board  of 
examiners. 

Other  detailed  statements. 

Term  of  office  of  members  of  executive  boards. 

Proviso. 

Oath  of  office. 

Compensation. 

Expenses. 

Termination  of  term  of  office  of  executive  boards,  commissioners, 
trustees  and  directors  hitherto  appointed. 

State  board  of  examiners  shall  have  supervision  and  control  of  all 
moneys  appropriated  or  received,  excepting  those  received  from  the 
United  States. 

Other  powers  and  duties  of  state  board  of  examiners. 

Donations,  grants  and  gifts,  how  made. 

Revised  Codes  of  1907.     Sections  repealed. 

An  Act  relating  to  the  government,  management,  control  and 
finances  of  the  University  of  Montana,  Montana  State  Normal 
School,  Agricultural  College  of  Montana,  State  Orphans'  Home, 
Montana  State  School  of  Mines,  Montana  School  for  the  Deaf 
and  Blind,  and  State  Reform  School,  and  to  repeal  Sections  648, 


STATE  OF  MONTANA.  21 

672,  692,  693,  694,  695,  699,  700,  701,  703,  704,  707,  708,  735,  736, 
737,  776,  1158,  1 159,  Il6o»  Il63>  1165,  1251,  1252,  1253,  1254, 
1255,  1256,  1257,  1258,  1262,  1263,  and  1264,  of  the  Revised  Codes 
of  Montana  of  1907. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  i.  The  state  board  of  education,  as  now  created  by 
law,  shall  have  power,  and  it  shall  be  its  duty: 

1.  To  have  the  general  control  and  supervision  of  the  uni- 
versity of   Montana,   Montana  State   Normal   College,   Agricul- 
tural College  of  Montana,  State  Orphans'  Home,  Montana  State 
School  of  Mines,  Montana  School  for  the  Deaf  and  Blind,  and 
State   Reform   School. 

2.  To  adopt  rules  and  regulations,  not  inconsistent  with  the 
constitution  and  the  laws  of  this  state,  for  its  own  government 
and  proper  and  necessary  for  the  execution  of  the  powers  and 
duties  conferred  upon  it  by  law. 

3.  To  provide,  subject  to  the  laws  of  the   state,  rules  and 
regulations  for  the  government  of  the  affairs  of  the  state  edu- 
cational  institutions   named  in  this  section. 

4.  To  recommend  to  the  legislature  a  uniform  system  of  text- 
books to  be  used  in  the  public  schools  of  this  state. 

5.  To  grant  diplomas  to  the  graduates  of  all  state  educational 
institutions,    where    diplomas   are   authorized   or   now   granted, 
upon  the  recommendation  of  the  faculties  thereof,  and  may  con- 
fer honorary  degrees  upon  persons,  other  than  graduates,  upon 
the  recommendation  of  the  faculty  of  such  institutions. 

6.  To  adopt  and   use,   in   the   authentication   of  its   acts  an 
official  seal. 

7.  To  grant  state  diplomas  valid  for  six  years,  and  to  grant 
life  diplomas. 

8.  To  keep  a  record  of  its  proceedings. 

9.  To  make  an  annual  report  on  or  before  the  first  day  of 
January  in  each  year,  which  may  be  printed  under  the  directions 
of  the  state  board  of  examiners. 

10.  To  appoint  and  commission  experienced  teachers  as  in- 
structors in  county  institutes. 

11.  To  have,  when  not  otherwise  provided  by  law,  control  of 
all  books,  records,  buildings,  grounds  and  other  property  of  the 
institutions  and  colleges  named  in  this  section. 

12.  To  choose  and  appoint  a  president  and  faculty  for  each 


22  GENERAL  SCHOOL  LAW 

of  the  various  state  institutions  named  herein,  and  to  fix  their 
compensation ;  provided,  that  the  person  selected  and  now  acting 
as  the  head  of  any  of  said  institutions,  and  performing  the  duties 
of  the  presiding  officer  or  college  president,  whether  designated 
as  president,  superintendent,  director,  or  by  any  other  title  or 
designation,  shall  hereafter  be  known  and  designated  as  president 
of  such  institution,  and  such  president,  as  well  as  the  faculty 
of  said  institution,  shall  continue  to  hold  their  respective  posi- 
tions in  accordance  with  the  terms  and  conditions  of  their  elec- 
tion or  appointment. 

13.  To  confer  upon  the  executive  board  of  each  of  said  insti- 
tutions such  authority  relative  to  the  immediate  control  and 
management,  other  than  financial,  and  the  selection  of  the  faculty, 
teachers  and  employees  as  may  be  deemed  expedient,  and  may 
confer  upon  the  president  and  faculty  such  authority  relative  to 
the  immediate  control  and  management,  other  than  financial,  and 
the  selection  of  teachers  and  employes  as  may  by  said  board  be 
deemed  for  the  best  interest  of  said  institution. 

Section  2.  There  shall  be  an  executive  board,  consisting  of 
three  members,  for  each  of  said  institutions,  two  of  whom  shall 
be  appointed  by  the  governor,  by  and  with  the  advice  and  con- 
sent of  the  state  board  of  education,  and  the  president  of  such 
institution  shall  be  ex-officio  member  of  said  board  and  shall  be 
the  chairman  thereof.  At  least  two  of  said  members  shall  re-- 
side in  the  county  where  such  institution  is  located.  Said  exec- 
utive board  shall  have  such  immediate  direction  and  control,  other 
than  financial,  of  the  affairs  of  such  institution  as  may  be  con- 
ferred on  such  board  by  the  state  board  of  education,  subject, 
always,  to  the  supervision  and  control  of  said  state  board. 

Said  executive  boards  shall  also  have  and  exercise  power  and 
authority  in  contracting  current  expenses  and  in  auditing,  pay- 
ing and  reporting  bills  for  salaries,  or  other  expenses  incurred 
in  connection  with  such  institutions,  provided,  the  board  of  ex- 
aminers may  not  limit  the  power  of  the  executive  board  in  mak- 
ing expenditures  or  contracts  which  in  no  single  instance  or  for 
any  single  purpose  does  not  exceed  two. hundred  and  fifty  dollars. 
All  vacancies  occurring-  in  the  membership  of  any  of  said  execu- 
tive boards  shall  be  filled  by  appointment  by  the  governor,  which 
appointments  shall  be  referred  to  the  state  board  of  education  at 
its  first  meeting  thereafter  for  confirmation. 

Section  3.     The  executive  board  of  each  of  the  institutions 


STATE  OF  MONTANA.  23 

named  in  section  one  of  this  act  shall  appoint  a  secretary  of  said 
board,  who  may  also  act  as  treasurer  of  said  board,  and  who 
may  or  may  not  be  a  member  of  said  executive  board,  and  such 
secretary  and  treasurer  shall  give  bond  with  good  and  sufficient 
surety,  for  the  faithful  performance  of  his  duties  as  such,  and  for 
the  faithful  accounting  for  and  paying  over  to,  and  for  the  use 
of,  said  college  all  moneys  received  by  him  as  treasurer.  Said 
bond  shall  run  to  the  state  of  Montana  and  shall  be  in  such  sum 
as  may  be  designated  by  the  state  board  of  examiners,  and  when 

•ii ted  shall  be  approved  by  said  state  board  of  examiners. 
Section  4.     The  treasurer  of  each  executive  board  shall  be  the 
treasurer  of  the  institution. 

Section  5.  Th  executive  board  of  each  of  said  institutions 
shall  meet  in  regular  session  at  least  once  in  each  quarter,  and 
monthly,  or  oftener,  if  the  business  of  such  institution  requires 
it. 

Section  6.  Each  of  such  executive  boards  shall  on  or  before 
the  first  Monday  in  June  of  each  year  make  a  detailed  state- 
ment and  report  of  all  its  transactions  and  of  the  condition  of 
the  institution,  including  the  number  of  teachers,  professors,  and 
enij-!'jyes,  with  the  salary  or  wages  paid  to  each,  and  a  detailed 
nent  of  all  expenses  and  disbursements  of  such  institution, 
which  report  shall  contain  such  other  information  or  recom- 
mendations as  may  be  required  by  the  state  board  of  examiners, 
or  by  the  state  board  of  examiners  and  the  state  board  of  edu- 
cation, and  the  state  board  of  examiners  or  the  state  board  of 
I  education  shall  have  authority  to  call  for  a  report  and  statement 
from  such  executive  boards  at  any  time  such  board  may  deem  it 
au  \i-abie.  All  such  reports  by  such  executive  boards  shall  be 
made  in  triplicate,  one  copy  shall  be  retained  by  such  board,  one 
shall  l)e  filed  with  the  state  board  of  examiners  and  one 
copy  with  the  state  board  of  education. 
Secti- >n  7.  The  duties  of  the  chairman  and  secretaries  of  each 
of  said  executive  boards  shall  be  that  usually  performed  by  such 
officers,  or  which  may  be  designated  by  the  state  board  of  edu- 

Hcaiton  or  the  state  board  of  examiners. 
•ti«m  8.     The  state  board  of  education  shall  have  authority 
to  employ,  or  to  authorize  the  employment,  of  a  matron  for  the 
state  orphans'  home. 

lion  9.     The  treasurer  of  the  executive  board  of  the  agri- 
cultural college  of  .Montana  shall  have  the  authority  to  receive 


24  GENERAL  SCHOOL  LAW 

from  the  treasurer  of  the  state  of  Montana  the  cash  appropria- 
tion received  from  the  United  States  iby  authority  of  the  act  of 
congress  of  August  30,  1890,  (26  Statues  at  Large,  page  417), 
known  as  the  second  Morrill  Act,  and  the  act  of  congress  of 
March  4,  1907,  (Statues  at  Large,  page  1281),  known  as  the  Nel- 
son Amendment.  And  such  cash  appropriation  shall  be  ex- 
pended by  the  executive  board  of  said  agricultural  college,  under 
the  general  supervision  of  the  state  board  of  education,  but  only 
for  the  purpose  for  which  the  same  is  appropriated  by  congress. 

The  treasurer  of  said  executive  board  of  said  agricultural  col- 
lege shall  also  have  the  authority  to  receive  all  moneys  appro- 
priated by  the  act  of  congress  of  March  16,  1906  (34  Statues  at 
Large,  page  63),  entitled,  "An  Act  to  provide  for  and  increase 
the  annual  appropriation  for  agricultural  experiment  stations, 
and  regulating  the  expenditure  thereof,  and  such  money  shall  be 
expended  by  said  executive  board  under  the  supervision  and 
direction  and  control  of  the  state  board  of  education  in  the  man- 
ner and  for  the  purpose  designated  in  said  act  of  congress,  and 
as  required  by  section  741  of  the  Revised  Codes  of  Montana  of 
1907.  The  treasurer  of  the  agricultural  college  of  Montana  shall, 
on  or  before  the  first  day  of  September  of  each  year,  make  a  de- 
tailed statement  of  the  amounts  received  and  disbursed  under  the 
provisions  of  the  act  of  congress  of  August  30,  1890,  and  of 
March  4,  1907,  and  shall  report  the  same  to  the  secretary  of 
agriculture  of  the  United  States  and  to  the  secretary  of  the  in- 
terior of  the  United  States,  as  required  by  said  acts  of  congress, 
and  shall  file  a  duplicate  thereof  with  the  state  board  of  ex- 
aminers of  the  state  of  Montana  on  or  before  the  loth  day  of 
September  of  each  year.  Said  treasurer  shall  also  make  a  de- 
tailed statement  of  the  amounts  of  money  received  and  disbursed 
under  the  act  of  congress  of  March  16,  1906,  which  report  shall 
be  filed  with  the  state  board  of  examiners  on  or  before  the  loth 
day  of  September  of  each  year,  and  shall  also  make  such  reports 
to  the  officers  or  departments  of  the  United  States  as  are  now  or 
may  hereafter  be  required  by  the  laws  of  the  United  States. 

Section  10.  The  ex-officio  member  of  each  of  said  executive 
boards  shall  hold  his  office  during  his  continuance  as  president 
of  such  institution,  and  the  two  members  appointed  by  the  gov- 
ernor shall  hold  office  for  the  term  of  four  years  from  and  after 
the  third  Monday  in  April,  1909,  unless  sooner  removed  by  the 
governor  or  by  the  state  board  of  education ;  provided,  that  of 


I 


the  members  of  the  executive  board  first  appointed  under  the 
provisions  of  this  act,  one  shall  be  appointed  for  the  term  of 
two  years  and  one  for  the  term  of  four  years.  Such  members 
shall  qualify  by  taking  and  filing  their  oath  of  office  with  the 
state  board  of  education. 

Section  u.  The  members  of  each  of  the  executive  boards,  ex- 
cept the  chairman,  shall  receive  such  compensation  for  their  ser- 
vices as  shall  be  fixed  by  the  state  board  of  education,  not  ex- 
ceeding the  sum  of  five  dollars  for  each  day  actually  spent  in  the 
discharge  of  their  official  duties,  and  not  exceeding  the  sum  of 
one  hundred  and  twenty-five  dollars  in  any  one  year  for  each 
member,  and  such  members  shall  also  be  reimbursed  from  the 
amount  appropriated  by  the  legislature  for  the  maintenance  and 
support  of  such  institutions  all  expenses  necessarily  incurred 
by  them  in  discharge  of  their  official  duties  as  members  of  said 
boards. 

Section  12.  That  the  term  of  office  of  all  trustees,  directors, 
or  members  of  any  executive  board  or  commission  of  any  of 
the  institutions  named  in  this  act,  heretofore  appointed,  elected 
or  serving  as  such  trustees,  directors  or  member  of  such  execu- 
tive boards  or  commissions,  shall  terminate  upon  the  appoint- 
ment and  qualification  of  the  members  of  the  executive  boards 
created  by  this  act,  and  such  boards  created  hereby  shall  have 
only  such  power  and  authority  as  is  given  under  the  provisions 
of  this  Act. 

Section  13.  The  state  board  of  examiners  of  the  state  of 
Montana  shall  have  supervision  and  control  of  all  expenditures 
of  all  moneys  appropriated  or  received  for  the  use  of  said  col- 
leges from  any  and  all  sources,  other  than  that  received  under 
and  by  virtue  of  the  acts  of  congress  hereinbefore  referred  to, 
and  said  state  board  of  examiners  shall  let  all  contracts,  approve 
all  bonds  for  any  and  all  buildings  or  improvements,  and  shall 
audit  all  claims  to  be  paid  from  any  moneys,  other  than  that 
received  under  and  by  virtue  of  the  acts  of  congress  herein  re- 
ferred to,  hut  said  state  board  of  examiners  shall  have  authority 
to  confer  upon  the  executive  boards  of  such  institutions  such 
power  and  authority  in  contracting  current  expenses  and  in 
auditing,  paying  and  reporting  bills  for  salaries  or  other  expenses 
incurred  in  connection  with  said  institution  as  may  be  deemed 
by  said  state  board  of  examiners  to  be  to  the  best  interests  of 
said  institutions. 


26 


GENERAL  SCHOOL  LAW 


Section  14.  All  donations,  grants,  gifts  or  devises  made  to 
any  of  the  institutions  named  herein  shall  be  made  to  such  in- 
stitution in  its  legal  name,  and  if  made  to  any  officer  or  boards 
of  such  institution  the  same  shall  be  immediately  transferred  by 
such  board  or  officer  to  such  institution. 

Section  15.  That  sections  648,  672,  692,  693,  694,  695,  699, 
700,  701,  703,  704,  707,  708,  735,  736,  737,  776,  1158,  1159,  1160, 
1163,  1165,  1251,  1252,  1253,  1254,  1255,  1256,  1257,  1258;  1262, 
1263,  and  1264,  of  the  Revised  Codes  of  Montana  of  1907,  and  all 
acts  and  parts  of  acts  in  conflict  with  this  act  be,  and  the  same 
are,  hereby  repealed. 

Section  16.  This  act  shall  take  effect  and  be  in  full  force  from 
and  after  the  I5th  day  of  April,  1909. 

Approved  March  4,  1909. 


CHAPTER  II. 
University  of  Montana. 

Section  666.     University  of  Montana  established. 

Section  667.     Control  and   supervision  of  same. 

Section  668.     No  person  to  use  the  name  of  the  university  of  Montana- 
Section  669.     The  university  of  Montana  established. 

Section  670.     Government.     Officers. 

Section  671.     Duty  of  state  board  of  education. 

Section  673.     Officers  of  university.     Report. 

Section  674.     Objects  of  university. 

Section  675.     Course  of  study. 

Section  676.     Qualifications'  of  students.     Military  instruction. 

Section  677.     Charges  for  tuition. 

Section  678.     Endowed  professorships. 

Section  679.     Appropriations  for  support  of  university. 

Section  680.     Selection  of  site. 

Section  681.     State  university  bonds. 

Section  682.     Sale  of  bonds. 

Section  683.     Funds   pledged  as  security. 

Section  684.     Disposition  of  proceeds  of  lands. 

Section  685.     Notice  of  'sale  of  bonds. 

Section  686.     Use  of  proceeds  of  bonds. 

Section  687.     University  building   commission. 

Section  688.     State  not  liable  on  bonds. 

666.  (Sec.  1540.)  University  of  Montana  Established.— The 
university  of  Montana  is  established  and  located  at  Missoula, 
and  has  for  its  object,  instruction  and  education  in  all  the  de- 


OF  MONTANA.  27 

partments  of  science,  literature,  art.  industrial   and  professional 
pursuits. 

667.  (Sec.    1541.)     Control   and   Supervision   of   Same. — The 
control  and  supervision  of  the  state  university  is  vested  in  the 
state   board  of  education,   which  must  appoint  a   president  and 
faculty,  and  other  necessary  officers,  agents,  employes,  prescribe 
their  powers  and  duties,  and  establish  for  the  government  of  the 
university,  and  for  the  instruction  given  therein,  such  rules  not 
inconsistent  with  the  laws  of  the  state,  as  may  be  necessary. 

668.  (Sea    1542.)     No  Person  to  Use  the  Name  of  the  Uni- 
versity of  Montana. — The  state  has  the  exclusive  right  to  the  use 
of  the  name  "University  of  Montana,"  and  no  other  institution 
of  learning,  or  corporation,  must  use  the  name  of  "University 
of  Montana",  or  "Montana  University",  or  like  name,  and  the 
attorney  general  is  required  to  bring  an  action  in  the  name  of 
the  state  against  any  person,  association  or  corporation  using 
such  of  like  name,  for  the  purpose  of  dissolving  the  corporation, 
and  recovering  a  sum  not  exceeding  five  hundred  dollars,  nor 
less  than  one  hundred  dollars,  which  is  hereby  made  the  penalty 
for  the  violation  of  the  provisions  of  this  section,  from  the  per- 
son or  association  using  such  name. 

669.  (Sec.  1543.)     The  University  of  Montana  Established. — 
There  is  hereby  established  in  this  state,  at  the  city  of  Missoula, 
an  institution  of  learning  under  the  name  and  style  of  "The  Uni- 

lontana."     (Act  approved  Feb.   17,   1893.) 

670.  (Sec.    1544.)     Government.     Officers. — The  government 
of  the  university  shall  be  vested  in  the  state  board  of  education. 
The   manner  of  their  appointment,  their  powers,   duties,   com- 
pensation and  terms  of  office  shall  be  as  prescribed  by  law.  The 
state  treasurer  shall  be  the  treasurer  of  said  board,  and  perform 
all  the  duties  of  such  office,  subject  to  such  regulations  as  the 
state  board  may  adopt,  not  inconsistent  with  his  official  duties; 
and   lie  and  his  sureties  shall  be  liable  on  his  official  bond  as 
state  treasurer  for  the  faithful  discharge  of  such  duties.     (Act 
approved   Feb.   17,   1893). 

671.  (Sec.   1545.)     Duty  of  State  Board  of  Education. — The 
board  of  education  shall  have  power,  and  it  shall  be  their 

duty  to  enact  by-laws  for  the  government  of  the  university  in  all 

its   departments;   to  elect  a  president  of  the  university  and   in 

their  discretion  a  vice-president,  and  the  requisite  number  of  pro- 

rs.  instructors,  officers  and  employes,  and  fix  their  salaries 


28  GENERAL  SCHOOL  LAW 

and  terms  of  each;  to  determine  the  moral  and  educational 
qualifications  of  applicants  for  admission  to  the  various  courses 
of  instruction ;  but  no  sectarian  or  partisan  test  shall  ever  be 
allowed  or  exercised  in  the  appointment  of  professors,  instruct- 
ors, officers  or  employees  of  the  university,  or  in  the  admission 
of  students  thereto,  or  for  any  purpose  whatever.  No  instruc- 
tion, either  sectarian  or  religious  or  partisan  in  politics,  shall 
ever  be  allowed  in  any  department  in  the  university.  The  state 
board  of  education  shall  have  power  to  regulate  the  course  of  in- 
struction and  prescribe  the  text  books  and  authorities  to  be  used 
in  all  the  departments,  and  may  confer  such  degrees,  and  grant 
such  diplomas  as  are  usual  in  universities ;  and  may  confer  the 
usual  honorary  degrees  upon  other  persons  than  graduates  of 
the  university  in  recognition  of  their  learning,  or  devotion  to- 
literature,  art  or  science,  as  may  be  recommended  by  the  faculty 
of  the  university.  (Act  approved  Feb.  17,  1893). 

673.  (Sec.     1547.)     Officers     of     University.     Report. — The 
president  of  the  university  shall  be  the  president  of  the  general 
faculty,  and  of  the  special  faculties  of  the  several  departments 
or  colleges  and  the  executive  head  of  the  institution  in  all  its 
departments.     As  such  officer  he  shall  have  authority,  subject  to- 
the  state  board  of  education  to  give  general  direction  to  the 
instruction,  practical  affairs  and  scientific  investigations  of  the 
several  colleges,  and  as  long  as  the  interests  of  the  institution 
require   it,  he  shall  be   charged  with  the  duties  of  one  of  the 
professorships.     He  shall  perform  the  duties  of  corresponding 
secretary  for  the  university.     He  shall,  annually,  on  or  before 
the  fifteenth  day  of  December  in  each  year,  make  a  report  to  the 
state   board   of  education,   showing  in   detail   the   progress   and 
condition  of  the  university  during  the  previous  year,  the  number 
of  professors  and  students  in  the  several  departments  and  classes,, 
the  nature  and  results  of  all  important  experiments  and  investi- 
gations, and  such  other  matters,  relating  to  the  proper  govern- 
ment, and  educational  work  of  t'he  institution  as  he  shall  deem 
useful.     (Act  approved  Feb.  17,  1893). 

674.  (Sec.    1584.)      Objects    of    University. — The    object    of 
the  university  of  Montana  shall  be  to  provide  the  best  and  most 
efficient  manner  of  imparting  to  young  men  and  women,  on  equal 
terms,  a  liberal  education  and  thorough  knowledge  of  the  differ- 
ent branches  of  literature,  science  and  arts,  with  the  varied  ap- 
plications, and  to  this  end  there  shall  be  established  the  following; 


STATE  OF  MONTANA.  29 

colleges  or  departments,  to-wit: 

1.  A  preparatory  department. 

2.  A  department  of  literature,  science  and  the  arts. 

3.  Such  professional  and  technical  colleges  as  may  from  time 
to  time,  be  added  thereto  or  connected  therewith.     The  prepara- 
tory department  may  be  dispensed  with,  at  such  rate  and  in 
such  wise  as  may  seem  just  and  proper  to  the  state  board  of 
education.     (Act  approved  Feb.  17,  1893). 

675.-  (Sec.  1549.)  Course  of  Study. — Such  duties  or  courses 
of  instruction  shall  be  pursued  in  the  preparatory  department  as 
shall  best  prepare  the  student  to  enter  any  of  the  regular  col- 
leges or  departments  of  the  university.  The  college  or  depart- 
ment of  literature,  science  and  the  arts  shall  embrace  courses  of 
instruction  in  mathematical,  physical  and  natural  sciences,  with 
their  application  to  the  industrial  arts ;  a  liberal  course  of  in- 
struction in  the  languages,  literature,  history  and  philosophy, 
and  such  other  branches  as  the  state  board  of  education  may 
prescribe.  And,  as  soon  as  the  income  of  the  university  will 
allow,  and  in  such  order  as  the  demands  of  the  public  seem  to 
require,  the  said  courses  of  instruction  in  the  sciences,  literature 
and  the  arts  shall  be  expanded  into  distinct  colleges  or  depart- 
ments of  the  university,  each  with  his  own  faculty  and  appro- 
priate title.  (Act  approved  Feb.  17,  1893). 

676.  (Sec.  1550).  Qualifications  of  Students.  Military  In- 
structions.— The  university  shall  be  open  to  students  of  both 
sexes,  under  such  regulations  and  restrictions  as  the  state  board 
of  education  may  deem  proper.  All  able-bodied  male  students 
of  the  university  may  receive  instruction  and  discipline  in  mili- 
tary tactics,  the  requisite  arms  of  which  shall  be  furnished  by  the 
state.  (Act  approved  Feb.  17,  1893). 

667.  (Sec.  1551.)  Charges  for  Tuition.— Tutition  shall  ever 
be  free  to  all  students  who  shall  have  been  residents  of  the  state 
for  one  year  next  preceding  their  admission,  except  in  the  law 
and  medical  departments,  and  for  extra  studies.  The  state  board 
of  education  may  prescribe  rates  for  tuition  for  any  student  in 
the  law  or  medical  departments,  or  who  shall  not  have  been  a 
resident  aforesaid,  and  for  teaching  such  studies.  (Act  approved 
Feb.  17,  1893). 

678.  (Sec.  1552.)  Endowed  Professorships. — Any  person 
contributing  a  sum  not  less  than  fifteen  thousand  dollars  shall 
have  the  privilege  of  endowing  a  professorship  in  the  university, 


Ilcl  \    < 


30  GENERAL  SCHOOL  LAW 

or  any  department  thereof,  the  name  and  object  of  which  shall 
be  designated  by  the  state  board  of  education.  (Act  approved 
Feb.  17,  1893). 

679.  (Sec.  1553.)     Appropriations  for  Support  of  University. 
— For  the   support   and    endowment   of  the   university   there   is 
annually  and  perpetually  appropriated : 

1.  The  university  fund  income,  and  all  other  sums  of  money 
appropriated  by  law  to  the  university  fund  income. 

2.  All  tuition  and  matriculation  fees. 

3.  All  such  contributions  as  may  be  derived  from  public  or 
private  bounty. 

The  entire  income  of  all  such  funds  shall  be  placed  at  the  dis- 
posal of  the  state  board  of  education,  by  transfer  to  the  treas- 
urer of  said  board  and  to  be  kept  separate  and  distinct  from  the 
accounts  of  the  state,  and  all  other  funds,  and  to  be  used  solely 
for  the  support  of  the  aforesaid  colleges  and  department  of  the 
university  or  connection  therewith.  But  all  means  derived  from 
other  public  or  private  bounty  shall  be  exclusively  devoted  to 
the  specific  objects  for  which  they  shall  have  been  designated 
by  the  donor.  (Act  approved  Feb.  17,  1893). 

680.  (Sec.  1554.)     Selection  of  Site. — It  shall  be  the  duty  of 
the  state  board  of  education  within  ninety  days  from  the  date 
of  the  passage  of  this  act,  if  then  organized,  but  if  not  organized 
then  within  ninety  days  from  the  organization  of  the  said  board, 
to  select  the  site  for  the  definite  and  permanent  location  of  said 
university  of  Montana,  w'hich  site  shall  be  within  three  miles  of 
the  city  limits  of  the  city  of  Missoula ;  and  they  shall,  at  once, 
take  steps  or  proceedings  for  procuring  the  title  to  the  tract  or 
tracts  of  land  so  selected  by  them,  and  they  may,  and  are  here- 
by empowered  to  enter  into  contracts,  in  the  name  of  the  State 
of  Montana  for  the  purchase  of  said  tract  or  tracts  of  land  so 
selected,  and  may  execute  such  obligations  for  the  payment  of 
the  same  as  will  mature  when  the  probable  income  of  the  uni- 
versity fund  will  pay  for  the  same.     The  state  board  of  educa- 
tion  are   hereby   authorized   and   empowered   to   accept,   in   the 
name  of  the  State  of  Montana,  such  gifts  of  land  and  moneys  as 
may  be  tendered  for  a  university  site  or  to  aid  in  the  purchase 
of  said  site ;  and  they  shall  take  the  proper  and  necessary  con- 
veyances of  said  tract  or  tracts  of  land  in  the  name  of  the  state ; 
Provided,  That  if  such  gifts  consist  of  money  only  or  money  and 
land,  and  the  land  be  not  sufficient  in  amount  or  not  appropriate 


STATE  OF  MONTANA.  31 

for  a  university  site,  then  they  shall  appropriate  such  gifts  to 
the  payment  of  said  site,  and  if  there  be  a  surplus  the  same  to 
become  a  part  of  the  university  fund ;  Provided,  That  said  tract 
of  land  shall  not  be  less  than  forty  acres  in  extent.  (Act  ap- 
proved Feb.  17,  1893). 

»68i.  State  University  Bonds. — The  state  board  of  land  com- 
missioners of  the  State  of  Montana  is  hereby  authorized  to  issue 
bonds  to  the  amount  of  one  hundred  thousand  dollars  ($100,000), 
the  minimum  denomination  of  which  shall  be  fifty  dollars 
($50.00)  and  the  maximum  shall  be  one  thousand  dollars 
($1000.00)  each ;  said  bonds  to  be  known  as  the  state  university 
bonds,  which  shall  bear  date  of  July  i,  1897,  to  become  due  thirty 
(30)  years  after  date  and  payable  after  twenty  (20)  years  after 
date  thereof;  said  bonds  shall  bear  interest  at  the  rate  of  not 

Pmore  than  six  (6)  per  cent  per  annum  payable  semi-annually 
on  the  first  day  of  January  and  July  of  each  year  at  the  office 
hof  the  state  treasurer  of  the  State  of  Montana ;  said  bonds  shall 
run  from  the  state  board  of  land  commissioners  of  the  State  of 
Montana  to  bearer,  and  shall  be  signed  by  the  state  board  of 
land  commissioners  and  countersigned  by  the  secretary  of  state, 
who  shall  attach  his  seal  thereto.  (Act  approved  March  4th, 
Sec.  i).  (sth  Ses.  58-9). 

State  v.  Collins,  21  Mont.  448;  53  Pac.  1114,  A  warrant  drawn 
by  the  land  commissioners  in  favor  of  a  contractor  could 
not  be  passed  on  by  the  state  board  of  examiners;  the 
university  bond  fund  is  a  trust  fund,  different  from  one 
arising  from  taxation,  and  not  a  fund  over  which  said 
1  has  control. 

2.     Sale  of  Bonds. — The  bonds  provided  for    in    the    first 
section  of  this  Act  shall  be  issued  and  sold  as  soon  as  possible 

H after  the  passage  of  this  Act.  (Act  approved  March  4th,  1897, 
Sec.  2).  (5th  Ses.  59). 
683.  Funds  Pledged  as  Security. — All  funds  realized  from  the 
sales  of  licenses  to  cut  trees,  leasing  of  said  lands,  or  from  the 
profits  arising  from  the  permanent  fund  to  be  created,  as  pro- 
vided for  by  section  14  of  an  act  of  congress,  approved  February 
22,  1889,  entitled  "An  Act  to  provide  for  the  division  of  Dakota, 
into  two  states,  and  to  enable  the  people  of  North  Dakota,  South 
Dakota,  Montana  and  \Yushington  to  form  constitutions  and 
state  governments,  and  to  be  admitted  into  the  Union  on  an 
equal  footing  with  the  original  stater,  and  to  make  donations  of 
public  lands  to  such  states"  (said  land  being  forty-six  thousand 


puum_    i 


32  GENERAL  SCHOOL  LAW 

and  eighty  (46,080)  acres,  granted  to  the  territory  of  Montana 
by  the  Act  of  February  18,  1881,  and  vested  in  the  State  of  Mon- 
tana by  the  Act  of  February  22,  1889)  for  the  establishment  and 
maintenance  of  a  university;  are  hereby  pledged  as  security  for 
the  payment  of  the  principal  and  interest  of  the  bonds  authorized 
by  this  Act,  and  all  revenue  or  profits  derived  from  the  said 
lands  or  said  permanent  fund  to  be  created,  or  any  of  them, 
whether  on  account  of  lease,  sales  of  licenses  to  cut  trees,  or 
otherwise,  are  hereby  set  apart  and  shall  constitute  a  fund  for 
the  payment  as  hereinafter  provided  of  the  principal  and  interest 
of  the  said  bonds,  which  bonds  shall  be  a  first  lien  on  said  uni- 
versity bond  fund.  (Act  approved  March  4th,  1897,  Sec  3). 
(5th  Sess.  59). 

684.  Disposition  of  Proceeds  of  Lands. — It  shall  be  the  duty 
ot  the  state  treasurer  to  keep  all  moneys  derived  from  the  uni- 
versity  lands  hereinbefore   mentioned   in  separate   fund,  to   be 
known  and  designated  as  the  university  bond  fund  and  out  of 
the  moneys  of  such  fund,  he  shall  pay  after  approval  by  the 
state  board  of  examiners : 

First :  The  cost  and  expenses  of  issuing  of  the  bonds  herein 
provided  for. 

Second :  The  interest  on  the  bonds  herein  authorized  when 
due,  and 

Third :  When  bonds  shall  become  payable,  he  shall  call  in 
and  pay  them  as  rapidly  as  the  moneys  in  such  fund  will  permit 
after  providing  for  the  interest.  That  in  the  event  there  shall 
not  be  sufficient  funds  in  the  university  bond  fund  to  pay  the 
interest  when  due,  the  state  board  of  examiners  shall,  by  an 
order  entered  upon  their  minutes  cause  warrants  to  be  issued 
on  the  university  bond  fund  for  the  amount  of  the  interest  due, 
and  the  warrants  issued  shall  draw  interest  at  the  rate  of  six  (6) 
per  cent  per  annum,  and  said  warrants  shall  be  paid  by  the  treas- 
urer as  soon  as  sufficient  funds  accumulate  in  said  fund  to  pay 
the  same,  and  by  reason  of  the  delivery  of  the  said  Warrants 
to  the  holders  of  the  said  bonds  in  satisfaction  of  the  accrued 
interest,  there  shall  be  no  default  in  the  payment  of  the  interest. 
(Act  approved  March  4th,  1897,  Sec.  4).  (5th  Sess.  59-60). 

685.  Notice  of  Sale  of  Bonds. — It  shall  be  the  duty  of  the 
state  treasurer  to  give  notice,  by  advertising  for  not  less  than 
two  (2)  weeks  daily  in  one  newspaper,  published  in  the  city  of 
Helena,  Montana,  and  in  one  newspaper  published  in  the  city 


STATE  OF  MONTANA. 


33 


of  New  York  that  he  will  on  April  5th,  1897,  sell  one  hundred 
thousand  dollars  ($100,000.00)  of  the  bonds  herein  authorized 
and  will  receive  bids  therefor  and  said  bonds  shall  on  said  day 
be  by  him  sold  to  the  highest  bidder;  Provided,  that  the  state 
board  of  education  shall  open  all  bids  and  shall  have  the  right 
to  reject  any  or  all  bids.  If  no  bids  are  then  received  and  ac- 
cepted said  bonds  may  then  be  sold  afterwards  at  private  sale, 
provided  however,  that  none  of  the  said  bonds  shall  at  any  time 
be  sold  at  less  than  par.  (Act  approved  March  4th,  1897,  Sec. 

15).  (5th  Sess.  60). 
686.  Use  of  Proceeds  of  Bonds. — The  moneys  derived  from 
the  sale  of  the  said  bonds  shall  be  used  to  erect,  furnish  and  equip 
buildings  for  the  use  and  benefit  of  the  University  of  Montana 
at  the  city  of  Missoula  in  said  state,  and  shall  by  the  state  treas- 
urer be  paid  out  on  the  warrants  of  the  building  commission  of 
said  university  as  hereafter  provided.  (Act  approved  March  4th, 

11897,  Sec.  6).  (5th  Sess.  60). 
687.  University  Building  Commission. — There  is  hcieby 
created  a  building  commission  to  be  composed  of  five  persons 
to  be  appointed  by  the  governor  of  the  state,  no  more  than  two 
of  whom  shall  be  of  the  same  political  party  and  all  residents  of 
the  city  of  Missoula,  who  shall  serve  without  compensation, 
whose  duty  it  shall  be  to  contract  for  the  erection  and  furnishing 
of  suitable  buildings  for  the  use  and  benefit  of  the  University  of 
Montana.  The  said  commission  shall  have  charge  and  supervi- 
sion over  the  construction  of  said  buildings  and  all  things  per- 
taining thereto;  and  shall  have  authority  from  time  to  time  to 
draw  their  warrants  on  the  treasurer  of  the  State  of  Montana 
for  such  sum  or  sums  as  may  be  due  any  contractor  or  employee 
engaged  in  and  about  the  erection  of  the  said  buildings  which 
warrants  shall  be  paid  by  the  said  treasurer  out  of  any  funds  in 
his  hand  arising  from  the  sale  of  bonds  provided  for  in  this  act. 
Said  building  commission  is  hereby  authorized  to  employ  an 
architect  and  such  other  assistants  as  it  may  deem  necessary  in 
preparing  the  plans,  specifications  and  superintending  the  con- 
struction of  said  building  and  the  expense  thereof  shall  be  paid 
out  of  the  funds  as  hereinbefore  provided  for  the  erection  of 
said  buildings,  provided  that  all  architects,  superintendents  and 
contractors  shall  be  citizens  of  the  State  of  Montana.  Said  com- 
mission shall  make  report  from  time  to  time,  to  the  stated  meet- 
ings of  the  state  board  of  education,  of  the  progress  of  said 


34 


GENERAL  SCHOOL  LAW 


work  and  the  expenditures  thereof.     (Act  approved  March  4thy 
1897,  Sec.  7).     (5th  Sess.  60-1). 

688.  State  Not  Liable  on  Bonds. — The  State  of  Montana  shall 
in  no  wise  be  held  liable  for  the  payment  of  the  bonds  herein 
authorized  or  interest  thereon.  (Act  approved  March  4th,  1897,. 
Sec.  8).  (5th  Sess.  61). 


CHAPTER  III. 

School  of  Mines. 

Section  689.  School   of  mines   established. 

Section  690.  Control  and  management. 

Section  691.  School  of  mines  established. 

Section  696.  Object  of  school. 

Section  697.  Site,   appliances. 

Section  698.  Qualifications  of  students. 

Section  702.  Location   of   school   lands. 

Section  705.  Fees  of  professors. 

Section  706.  Debt  prohibited. 

Section  709.  State  'school  of  mines  building  commission. 

Section  710.  Member  of   commission   not   to   be    interested   in    con- 
tracts. 

Section  711.  Compensation  and  expenses  of  members. 

Section  712.  Plans  for  buildings. 

Section  713.  Bids   and   contracts   for  buildings. 

Section  714.  Commissioners  may   employ   architect. 

Section  715.  Auditing   and   payment  of  claims. 

Section  716.  Equipment  of  school. 

Section  717.  Disposal  of  buildings  when  completed. 

Section  718.  Records  of  commission. 

Section  719.  School  of  mines  building  fund;    bonds. 

Section  720.  Disposition  of  bonds. 

'Section  721.  Creation  of  interest  and  sinking  fund. 

Section  722.  Investment  of   sinking  fund. 

Section  723.  Reimbursement  of  general  fund. 

Section  724.  State  treasurer  as   custodian  of  fund. 

Section  725.  Disposition  of  proceeds  of  bond  sale. 

Section  726.  Call  of  bonds  for  payment. 

Section  727.  Expense  of  issuance  of  bonds. 

Section  728.  Warrants  for   interest. 

Section  729.  State  liable  only  to  extent  of  lien  on  lands. 

689.  (Sec.  1570.)  School  of  Mines  Established. — A  school  of 
mines  of  Montana  is  hereby  established  and  located  at  Butte, 
and  has  for  its  object  instruction  and  education  in  chemistry, 
metallurgy,  mineralogy,  geology,  mining,  milling,  engineering, 
mathematics,  mechanics,  drawing,  the  laws  of  the  United  States,. 


STATE  OF  MONTANA.  35 

and  of  the  state  in  reference  to  mining  and  the  rights  and  duties 
of  citizens  in  relation  thereto.  Such  school  of  mines  may  be 
connected  with  the  state  university  under  such  regulations  as 
tlie  state  board  of  education  may  prescribe. 

690.  (Sec.  1571.)  Control  and  Management. — The  control 
and  supervision  of  such  school  is  vested  in  the  the  state  board 
of  education,  which  may  prescribe  all  necessary  rules  therefor, 
i.  (Sec.  1572).  School  of  Mines  Established. — The  state 
school  of  mines  is  hereby  established  and  declared  to  be  a  body 
corporate  under  the  name  of  "Montana  State  School  of  Mines" 
and  by  that  name  may  sue  and  be  sued,  may  take  and  hold  real 
or  personal  property  by  gift,  bequest,  devise,  or  purchase  from 
the  state,  and  may  dispose  of  the  same  when  authorized  so  to  do 
by  law.  (Act  approved  Feb.  17,  1893). 

State  Bank  vs.  Barret,  25  Mont.  114;   63  Pac.  1030. 

696.  (Sec.   1577.)     Object  of  School.— It  shall  be  the  object 
of  such  school  of  mines  to  furnish  facilities  for  the  education  of 
such  persons  as  may  desire  to  receive  special  instruction  in  chem- 
istry, metallurgy,  mineralogy,  geology,  mining,  mining  engineer- 
ing, mathematics,  mechanics  and  drawing.     (Act  approved  Feb. 
17,  1893). 

697.  (Sec.    1578.)     Site,   Appliances. — The     said     board     of 
trustees  are  hereby  authorized  to  procure  a  suitable  site  at  or 
near  the  city  of  Butte,  in  the  county  of  Silver  Bow  and  the  State 
ot  Montaa.  for  said  school  of  mines,  as  hereinafter  set  out,  and 
to  erect  suitable  buildings  thereon,  and  to  procure  such  machin- 
ery and  other  appliances  as  may  be  necessary  to  carry  out  the 
object   and    intention   of   such    institution   and   to   promote    the 
welfare  thereof,  whenever  the  funds  provided  for  the  establish- 
ment of  said  school  of  mines  will  warrant  the  same.     (Act  ap- 
proved Feb  17,  1893). 

698.  (See.      1579.) .  .Qualifications    of    Students. — The     said 
•lio<»l  of  mines  shall  be  open  and  free  for  instruction  to  all  bona 

fide  residents  of  this  state  without  regard  to  sex  or  color,  and, 
with  the  consent  of  said  board  students  from  other  states  or 
territories  may  receive  an  education  thereat,  upon  such  terms 
and  at  such  rates  of  tuition  as  the  board  may  prescribe.  (Act 
approved  Feb.  17,  18931. 

702.     (Sec.  15.^3.)   Location  of  School  Lands. — The  state  board 
of  land  commissioners  are  hereby  authorized  and  required  to  lo- 


36  GENERAL  SCHOOL  LAW 

cate  all  the  lands  that  have  been  donated  by  the  United  States 
to  the  State  of  Montana  for  the  establishment  and  maintenance 
of  a  school  of  mines  and  report  to  the  next  legislative  assembly 
the  number  of  acres  so  located,  where  situated,  and  the  character 
and  estimated  value,  and  shall  make  a  similiar  report  on  or  be- 
fore the  next  meeting  of  the  legislative  assembly  to  the  board 
of  trustees  of  the  school  of  mines,  and  also  to  the  state  board 
of  education.  (Act  approved  Feb.  17,  1893). 

705.  (Sec.  1587.)     Fees  of  Professors. — It  shall  be  lawful  for 
the  professor  or  president  of  the  school  of  mines,  who  shall  be 
appointed  by  the  said  board  of  trustees,  to  charge  and  collect 
such  reasonable  fees  for  any  and  all  assays  and  analysis  made 
by  them,  as  the  said  board  may  prescribe,  an  account  of  which 
shall  be  kept  by  said  president  and  paid  over  monthly  to  the 
treasurer  of  said  school  of  mines,  which  shall  become  part  of  the 
school  of  mines  fund.     (Act  approved  Feb.  17,  1893). 

706.  (Sec.   1588.)     Debt  Prohibited.— The  board  of  trustees 
are   hereby  prohibited   from   creating  any   debt  as   against  the 
school  of  mines,  buildings,  machinery,  or  appliances,  or  in  any 
manner  incumbering  the  same,  or  of  incurring  any  expense  be- 
yond their  ability  to  pay  from  the  annual  income  of  the  school 
of  mines  for  the  current  year.     (Act  approved  Feb.  17,   1893^. 

709.  (Sec.  1591).  State  School  of  Mines  Building  Commis- 
sion.— For  the  purpose  of  erecting,  furnishing  and  equipping 
buildings  for  the  state  school  of  mines  at  Butte  City,  Mont,  there 
is  hereby  created  a  board  to  be  known  as  the  state  school  of 
mines  commission.  Said  commission  shall  consist  of  five  mem- 
bers, each  a  qualified  elector,  and  not  more  than  three  belonging 
to  any  one  political  party,  all  of  whom  shall  be  forthwith  ap- 
pointed by  the  governor,  by  and  with  the  advice  and  consent  of 
the  senate,  and  shall  hold  office  until  said  buildings  have  been 
erected  and  equipped  and  accepted  by  the  state  as  hereinafter  pro- 
vided, subject  to  removal  by  the  governor,  and  each  of  whom 
shall  forthwith  give  bond  with  two  sureties,  to  be  approved  by 
the  governor,  in  the  sum  of  two  thousand  dollars,  conditioned 
for  the  faithful  performance  of  their  duties.  Vacancies  in  said 
board  shall  be  forthwith  from  time  to  time  filled  by  the  gov- 
ernor, and  three  of  said  board  shall  constitute  a  quorum,  with 
power  to  act,  and  the  official  place  of  business  of  said  board  at 
Butte  City,  Mont.  (Act  approved  March  7,  1895). 
State  Bank  v.  Barret,  25  Mont.  114;  63  Pac.  1030 


STATE  OF  MONTANA.  37 

710.  (Sec.    1592).        Member  of   Commission   not   to   be   In- 
terested in  Contracts. — No  member  of  the  board  shall  be  in  any 
manner  interested  with  any  building  contractor  or  shall  submit 
any    bid    for   the   erection   or   the    furnishing1   of   said    buildings, 
neither  shall  he  receive  any  commission,  rebate,  bonus,  division 
of   proceeds,    or   any   other    pecuniary    advantage    whatever    in 
connection   with  said  office,  save  the  compensation   hereinafter 
provided.     (Act  approved  March  7,  1895.) 

711.  -  (Sec.  1593.)     Compensation  and  Expenses  of  Members. 
— Each  member  of  the  board  shall  receive  five  dollars  .per  day 
for  each  and  every  day  the  board  is  actually  and  necessarily 
assembled  in  the  performance  of  its  official  duties,  together  with 
his  actual  traveling  expenses  paid  in  going  to  and  from  his  home 
to  attend  the  session  or  sessions  of  the  board.     (Act  approved 
March   7,    1895). 

712.  (Sec.  1594.)     Plans  for  Buildings. — The  state  board  of 
commissioners  for  the  school  of  mines  so  appointed,  are  hereby 
authorized  and  directed  to  prepare  plans  and  specifications  for 
the  erection  of  buildings  for  the  said  state  school  of  mines  not 
to  exceed  the  amount  of  one  hundred  thousand  dollars.     (Act 
approved  March  7,  1895). 

State  Bank  v.  Barret,  25  Mont.  114;  63  Pac.  1030. 

713.  (Sec.  1595.)     Bids  and  Contracts  for  Buildings. — When- 
ever  the   provisions   of   the   preceding  section   have   been   fully 
complied  with,  the  board  of  commissioners  for  the  state  school 
of  mines  shall  advertise  in  not  more  than  four  nor  less  than  two 
daily  newspapers  printed  in  the  state,  two  of  which  must  be  in 
the  county  of  Silver  Bow,  once  each  week  for  four  consecutive 
weeks,  a  notice  that  it  will  receive  sealed  proposals  and  bids  to 
construct  such  buildings  on  the  site  heretofore  selected  and  in 
accordance  with  the  plans  and  specifications  so  adopted  by  the 
commissioners  for  the  state  school  of  mines,  reserving,  however, 
tin-  right  to  reject  any  and  all  bids  and  advertise  anew. 

The  board  must  let  the  contract  for  the  construction  and  erec- 
tion of  such  building  or  buildings  to  the  lowest  responsible  bid- 
der, and  the  contractor  or  contractors  shall  execute  a  good  and 
sufficient  bond  in  double  the  amount  of  his  or  their  bids  to  per- 
form such  contract  for  the  construction  and  erection  of  such 
building  or  buildings  in  conformity  with  the  plans  and  specifi- 
cations aforesaid,  which  bond  shall  run  to  the  State  of  Montana 


38  GENERAL  SCHOOL  LAW 

and  be  approved  by  the  board  of  the  school  of  mines  commis- 
sioners.    (Act  approved   March  7,    1895). 

State  Bank  v.  Barret,  25  Mont.  115;    63  Pac.  1030. 

714.  (Sec.  1596.)     Commissioners  May  Employ  Architect. — 
The  board  of  school  of  mines  commissioners  are  hereby  author- 
ized to  employ  an  architect  and  such  assistants  as  it  may  deem 
necessary   in  preparing  the  plans     and     specifications   for  said 
building  or  buildings,  and  the  expense  thereof  shall  be  paid  out 
of  the   funds   as   hereinafter   provided   for   the   erection   of   said 
building  or   buildings.     (Act   approved   March   7,    1895). 

715.  (Sec.    1597.)     Auditing   and    Payment    of    Claims. — All 
claims   for  the   erection  of  said  building  or  buildings   shall  be 
first  approved  by  the  school  of  mines  commissioners  and  audited 
and  allowed  by  the  state  board  of  examiners,  and  paid  in  the 
same  mode  and  manner  as  claims  against  the  state   are   paid; 
Provided,  howjever,  that  such  claims  shall  be  paid  out  of  the 
respective  funds  designated  in  this  act,  against  which  they  may 
be  chargeable.     (Act  approved  March  7,  1895). 

State  Bank  v.  Barret,  25  Mont.  115;    63  Pac.  1030. 

716.  (Sec.    1598.)     Equipment  of  School. — Upon  completion 
and  acceptance  of  the  buildings  mentioned  in  this  act,  the  board 
of  school  of  mines  commissioners  shall  equip  and  furnish  said 
institution  with  supplies  and  apparatus  as  may  be  actually  neces- 
sary in  carrying  on  such  institutions ;  Provided,  however,  that 
the  amount   so  expended   shall   not  exceed   the   sum   of  fifteen 
thousand  dollars.     (Act  approved  March  7,   1895). 

717.  (Sec.  1599.)       Disposal  of  Buildings  when  Completed. — 
Immediately  upon  the  furnishing  of  such   institution  the  state 
board  of  school  of  mines  commissioners  shall  turn  over  to  the 
state  board  of   education   all  such  buildings  to  be  used   there- 
after  solely   and   exclusively   for   the   purposes   for   which   they 
were  created  and  established.     (Act  approved  March  7,   1895). 

718.  (Sec.  1602.)     Records  of  Commission. — The  board  shall 
keep  a  written  record  of  all  of  its  official  actions,  and  on  the 
completion  of  its  official  functions  said  record  shall  be  delivered 
by  the  governor  to  the  secretary  of  state,  who  shall  thereafter 
be  the  legal  custodian  thereof.     (Act  approved  March  7,  1895). 

719.  School  of  Mines  Building  Fund;  Bonds. — The  board  of 
school  of  mines  commissioners  and  the  state  board  of  land  com- 
missioners of  the   State   of  Montana   are   hereby  authorized  to 
issue  and  dispose  of  bonds  for  the  purpose  of  erecting  a  building 


STATE  OF  MONTANA.  39 

to  be  known  as  the  "School  of  Mines  Building"  to  be  located 
in  the  city  of  Butte,  Montana,  under  the  following  conditions 
and  restrictions,  to-wit : 

First:  The  aggregate  amount  of  bonds  authorized  by  this 
Act  shall  not  exceed  the  sum  of  one  hundred  and  twenty  thous- 
and dollars  ($120,000). 

Second :  The  denomination  of  each  bond  shall  be  one  hundred 
dollars,  or  any  multiple  thereof,  but  the  maximum  amount  of 

I      any  bond  shall  not  exceed  the  sum  of  one  thousand  dollars. 
Third :     The  term  of  said  bonds  shall  not  exceed  thirty  years 
from   their  date,   and  they  shall  be  payable   at  any   time  after 
fifteen  years  from  their  date  at  the  option  of  the  issuers. 

Fourth :     The  bonds  may  bear  any  rate  of  Interest  not  in  ex- 
cess of  six  per  centum   per  annum,   and  the   interest   may  be 
I      payable  semi-annually. 
Fifth :     The  principal  and  interest  shall  be  payable  at  such 
place  and  in  such  manner  as  is  designated  in  the  bond. 
Sixth:     The  board  of  school  of  mines  commissioners  and  the- 
state  board  of  land  commissioners  shall  prescribe  the  form  of 
the  bond,  the  bonds  shall  bear  upon  their  face  the  words  "School 
of  Mines  Building  Bond  of  the  State  of  Montana"  and  they  shall 
be  signed  by  the  members  of  the  board  of  school  of  mines  com- 
missioners and  the  state  board  of  land  commissioners  and  shall 
be  countersigned  by  the  secretary  and  treasurer  of  the  state  and 
the  seal  of  the  state,  shall  be  affixed  to  each  bond,  and  the  bonds 
shall  be  registered  in  the  office  of  the  stat,e  treasurer. 

Seventh :  The  coupons  representing  the  interest  on  the  bonds 
shall  be  signed  by  the  state  treasurer,  or  an  engraved  or  litho- 
graph fac-simile  of  the  signature  of  the  treasurer  may  be  affibced 
thereto  provided  it  is  so  authorized  in  the  bond.  (Act  approved 

H  March  8th,  1897,  Sec.  i).  (5th  Sess.  124-5). 
720.  Disposition  of  Bonds. — The  bonds  provided  for  in  this 
Act  shall  be  disposed  of  by  the  board  of  school  of  mines  commis- 
sioners and  the  state  board  of  land  commissioners  in  such  a 
manner  as  they  shall  deem  it  for  the  best  interests  of  the  state, 
Provided,  that  no  bond  shall  be  disposed  of  for  less  than  its  par 
value.  (Act  approved  March  8th,  1897,  Sec  2.)  (5th  Sess  125). 
721.  Creation  of  Interest  and  Sinking  Fund. — To  provide  for 
the  payment  of  the  interest  and  principal  of  the  bonds  author- 
ized by  this  act,  there  is  hereby  created  a  special  fund  to  be 
known  as  "The  School  of  Mines  Building  Interest  and  Sinking 


40  GENERAL  SCHOOL  LAW 

Fund,"  into  which  shall  be  paid  all  sums  of  money  realized 
from  sales  of  lands,  licenses  to  cut  trees,  leasing  of  lands,  profits 
of  any  and  all  other  sources  by  reason  of  the  grants  of  lands  by 
Congress  to  the  State  of  Montana  for  the  establishment  and 
maintenance  of  a  school  of  mines,  as  provided  by  sections  12 
and  17  of  an  apt  of  the  United  States  Congress  entitled  "An  Act 
to  provide  for  the  division  of  L>akota  into  two  states,  and  to 
enable  the  people  of  North  Dakota,  South  Dakota,  Montana,  and 
Washington  to  form  constitutions  and  state  governments,  and 
to  be  admitted  into  the  Union  on  an  equal  footing  with  the 
o'riginal  states,  and  to  make  donations  of  public  lands  to  such 
states",  approved  February  22nd,  1889,  and  from  said  "School 
of  Mines  Building  Interest  and  Sinking  Fund"  there  shall,  as 
the  same  become  due  and  payable,  be  paid  the  interest  on  said 
bonds;  and  it  is  further  provided,  that  it  is  the  duty  of  the 
"State  Board  of  Land  Commissioners"  whenever  there  are  any 
funds  in  the  said  "School  of  Mines  Building  Interest  and  Sinking 
Fund"  over  and  above  the  sum  of  twenty-five  hundred  dollars 
in  excess  of  the  amount  required  to  pay  the  yearly  interest  on 
said  bonds,  to  invest  such  excess  funds  in  the  manner  set  forth 
and  provided  in  section  4  of  this  act,  and  the  amount  so  invested 
shall  constitute  a  permanent  fund  to  pay  the  principal  of  the 
said  bonds ;  but  all  interest  or  profit  derived  from  the  investment 
shall  be  paid  into  the  said  "School  of  Mines  Building  Interest 
and  Sinking  Fund"  and  the  principal  and  interest  of  the  said 
bonds  shall  be  a  first  lien  upon  said  funds  and  all  the  lands 
granted  and  belonging  to  the  state  for  the  purpose  of  establishing 
and  maintaining  a  school  of  mines.  (Ajct  approved  March  8th, 
1897,  Sec  i.)  (5th  Sess.  125-6). 

722.  Investment  of  Sinking  Fund. — The  state  board  of  land 
commissioners  are  hereby  authorized  and  directed  to  create  a 
permanent  fund  for  the  payment  of  the  bonds  authorized  by  this 
Act,  from  the  following  revenues,  to-wit:  Whenever  the  rev- 
enues in  any  year  are  sufficient  to  pay  the  interest  on  the  said 
bonds  and  there  shall  be  in  excess  thereof  the  sum  of  twenty- 
five  hundred  dollars,  then  any  and  all  funds  over  and  above  the 
said  sum  of  twenty-five  hundred  dollars  shall  be  invested  for 
the  benefit  of  the  "School  of  Mines  Building  Interest  and  Sink- 
ing Fund"  as  follows,  to-wit: 

First:  In  the  bonds  authorized  by  this  act,  provided  they  can 
be  purchased  at  a  cost  not  exceeding  their  par  value  and  ac- 


crued  interest. 

Second :  In  any  legally  issued  bonds  of  any  county,  school 
district,  city  or  town  of  the  State  of  Montana,  provided  they 
can  be  purchased  at  a  cost  not  exceeding  their  par  value  and 
interest. 

Third :  In  any  legally  issued  general  fund  warrants  of  the 
State  of  Montana,  or  any  legally  issued  warrants  of  county,  city, 
or  town  of  the  State  of  Montana,  provided  they  can  be  purchased 
at  a  cost  not  exceeding  their  par  value  and  accrued  interest;  and 
thi  said  board  of  land  commissioners  are  hereby  granted  dis- 
cretionary power  in  the  selection  and  purchase  of  the  securities 
hereinbefore  described,  as  to  the  amount  of  each  they  shall  pur- 
chase and  conditions  of  general  credit  affecting  the  same.  (Act 
approved  March  8th,  1897,  Sec.  4).  (5th  Sess.  126). 

723.  Reimbursement   of   General   Fund. — It   is    hereby    pro- 
vided and  set  forth,   that  in  the   event  the  State  of   Montana 
shall  at  any  time  provide  and  pay  the  interest,  or  any  part  there- 
of, on  the  bonds  authorized  by  this  act,  from  the  general  fund 
of  the  state,  or  by  any  special  appropriation  made  or  tax  levied 
therefor,  then  for  any  and  all  interest  so  paid,  the  state  shall 
be  reimbursed  from  the  said  "School  of  Mines  Building  Interest 
and  Sinking  Fund"  by  the  payment  of  the  amount  so  paid  or 
due,  whenever  there  is  sufficient  money  in  said  ''School  of  Mines 
Building  Interest  and   Sinking  Fund"  to  pay  the   same.     (Act 
approved  March  8th,  1897,  Sec.  5).     (5th  Sess.  126). 

724.  State  Treasurer  as  Custodian  of  Fund. — The  state  treas- 
urer is  hereby  designated  as  the  custodian  of  the  funds  provided 
by  this  Act  and  he  shall  pay  all  warrants  properly  drawn  by  the 
"Board  of  School  of  Mines  Commissioners"  save  and  excepting 
as  to  the  interest  on  the  bonds,  which  he  shall  pay  as  the  same 
becomes  due  and  charge  the  amount  thereof  to  the  "School  of 
Mines  Building  and  Interest  Sinking  Fund"  hereinbefore  created. 
(Act  approved   March  8th,  1897,  Sec.  6).     (5th  Sess.  126-7). 

725.  Disposition  of  Proceeds  of  Bond  Sale. — All  moneys  re- 
ceived from  the  sale  of  the  bonds  authorized  by  this  act  shall 
be  paid  to  the  state  treasurer,  and  shall  constitute  a  special  fund 
for  the  erection  of  the  "School  of  Mines  Building",  and  shall  be 
disbursed  by  the  state  treasurer  on  warrants  properly  drawn  by 
the  "Board  of  School  of  Mines  Commissioners"  and  including 
all  warrants  heretofore  drawn  by  the  "Board  of  School  of  Mines 
Commissioners''  and  registered  prior  to  the  passage  of  this  act. 


42  GENERAL  SCHOOL  LAW 

(Act  approved  March  8th,  1897,  Sec.  7).     (5th  Sess.  127). 

726.  Call  of  Bonds  for  Payment. — Whenever  any  of  the  bonds 
authorized  by  this  act  shall  become  due  and  payable,  and  there 
is  sufficient  funds  to  pay  the  same,  they  shall  be  called  in  and 
paid  in  the  order  of  their  issuance,  beginning  with  the  lowest 
number.     (Act  approved  March  8th,   1898,  Sec.  8).     (5th  Sess. 
127). 

727.  Expenses  of  Issuance  of  Bonds. — The  cost  and  expenses 
of  issuing  the  bonds  hereinbefore  authorized  may  be  paid  out 
of  the  proceeds  thereof,  or  be  chargeable  to  the  expense  of  the 
construction  of  the  building.     (Act  approved  March  8th,   1897, 
Sec.  9).     (5th  Sess.   127). 

728.  Warrants  for  Interest. — In  the  event  there  shall  not  at 
any  time  be  sufficient  money  in  the  "School  of  Mines  Building 
Interest  and  Sinking  Fund"  to  pay  the  interest  when  due,  the 
state  board  of  land  commissioners  and  the  board  of  school  of 
mines  commissioners  shall,  by  an  order  entered  on  their  minutes 
or  record  books,  cause  warrants  to  be  issued  on  the  said  "School 
of  Mines  Building  Interest  and  Sinking  Fund"  for  the  amount 
of  interest  due,  and  the  warrants  so  issued  shall  be  registered 
in  the  office  of  the  treasurer  of  the  state,  and  shall  bear  interest 
at  the   rate   of  six  per  centum  per  annum,  and  said  warrants 
shall  be  oaid  bv  the  state  treasurer  whenever  there  is  sufficient 
money  accumulated  in. said  fund  to  pay  the  same,  and  by  reason 
of  the  delivery  of  said  warrants  to  the  holders  of  said  bonds 
and  the  surrender  of  the  interest  coupons,  there  shall  be  no  de- 
fault in   the   payment   of   interest.     (Act   approved   March   8th, 
1897,  Sec.  10.)      (5th  Sess.   127). 

729.  State  Liable  only  to  Extent  of  Lien  on  Lands. — Nothing 
in  this  Act  shall  be  so  construed  as  to  in  any  wise  hold  the  state 
of  Montana  liable  for  the  payment  of  the  bonds  herein  author- 
ized, except  as  to  the  lien  heretofore  created  against  the  lands 
and   funds  granted  for  the  purpose  of   establishing   and   main- 
taining the  school  of  mines  and  which  lien  shall  not  be  abridged, 
annulled  or  set  aside  until  the  bonds  authorized  by  this  Act  shall 
have  been  fully  paid,  together  with  the  interest  thereon  and  the 
governor  is  hereby  specially  authorized  and  empowered  to  use 
all  lawful  means  to  enforce  the  provisions  of  this  Act.     (Act  ap- 
proved March  8th,  1897,  Sec.  TT.)      (5th  Sess.  127-8) 


STATE  OF  MONTANA. 


43 


CHAPTER  IV. 

Agricultural  College  of  Montana. 

Section  730.  Agricultural    college   established. 

Section  731.  Control   and   management. 

Section  732.  Establishment   and   location. 

Section  733.  Selection  of  site. 

Section  734.  Control  of  college. 

Section  738.  Agricultural  experiment  station. 

Section  739.  Management  of  station. 

Section  740.  Acceptance  of  grant. 

Section  741.  Designation  of  station  as  beneficiary. 

Section  742.  Montana  agricultural  college  bonds. 

Section  743.  Date  of  issuance  and  sale  of  bonds. 

Section  744.  Security  for  payment  of  bonds. 

Section  745.  Agricultural  college  bond  fund. 

Section  746.  Advertisement  of  sale  of  bonds. 

Section  747.  Disposition  of  proceeds  of  bonds. 

Section  748.  Erection  and  furnishing  of  buildings. 

Section  749.  State  not  liable   on   bonds. 

Section  750.  Refunding   bonds. 

Section  751.  Sale  of  bonds. 

Section  752.  'Security  for  payment  of  bonds. 

Section  753.  Duties  of  state  treasurer. 

Section  754.  Sale  of  bonds.     Notice. 

Section  755.  Disposition  of  proceeds. 

Section  756.  Establishment  of  experimental  sub-station  in  horticul- 
ture. 

Section  757.  Billings    experimental   station. 

Section  758.  Same.    Work  of  sub-station. 

Section  759.  Lands   for   sub-station. 

Section  760.  Governor  and  secretary  of  state  to  select  site. 

Section  761.  Use  of  Bozeman  funds  prohibited. 

Section  762.  State  board  of  land  commissioners  may  sell  lands. 

Section  763.  Experimental  sub-station  located  in  Fergus  county. 

Section  764.  Authority  of  governor  to  accept  site. 

Section  765.  Acceptance  of  donations  of  money  and  material. 

Section  766.  State   entomologist   of   Montana. 

Section  767.  Duties  of  state  entomologist. 

Section  768.  Annual    report. 

Section  769.  Expenses. 

730.  (Sec.  1620).  Agricultural  College  Established.— The 
agricultural  college  of  Montana  is  established  and  located  at 
Bozeman,  and  has  for  its  object  instruction  and  education  in 
the  Knglish  lan^ua^v.  literature  and  mathematics,  civil  and 
mechanical  engineering,  agricultural  chemistry,  animal  and 
vegetable  anatomy  and  physiology,  the  veterinary  art,  entomol- 
ogy, geology  and  such  other  natural  sciences  as  may  be  pre- 


44  GENERAL  SCHOOL  LAW 

scribed  by  the  state  board  of  education,  political,  rural,  and 
household  economy,  agricultural,  horticulture,  moral  philosophy, 
history,  bookkeeping  and  especially  the  application  of  science 
and  the  mechanical  arts  to  practical  agricultural  purposes.  Such 
agricultural  college  may  be  connected  with  the  state  university, 
under  such  regulation  as  the  state  board  of  education  may 
prescribe. 

731.  (Sec.   1621.)     Control    and    management. — The    control 
and  supervision  of  such  college  is  vested  in  the  state  board  of 
education,  which  may  prescribe  all  rules  therefor. 

732.  (Sec.    1622.)     Establishment  and  Location. — The   agri- 
cultural college  of  the  State  of  Montana     is     established     and 
located  at  the   city  of  Bozeman,   or  within  three   miles  of  the 
corporate  limits  of  said  city,  upon  such  tract,  or  tracts  of  land, 
conforming  in  the  aggregate  not  less  than  eighty  acres,  and  as 
much  more  as  shall  be  selected  by  the  state  board  of  education, 
as   hereinafter   provided;   and   said    college   has   for   its   leading 
objects  and  purposes,  without  excluding  other  scientific  classical 
studies,  and  including  military  tactics,  to  teach  such  branches 
of  learning  as  are  related  to  agriculture  and  the  mechanic  arts, 
in  such  manner  as  the  state  board  of  education,  and  any  subordi- 
nate boards  by  such  state  board  appointed,  may  prescribe.  (Act 
approved  Feb.  16,  1893). 

733.  (Sec.  1623.)     Selection  of  Site. — It  shall  be  the  duty  of 
the  state  board  of  education,  within  ninety  days  from  the  date 
of  the  passage  of  this  act,  if  then  organized  but  if  not  organized 
then  within  ninety  days  from  the  organization  of  the  said  board, 
to  select  the  site  for  the  definite  and  permanent  location  of  said 
agricultural  college  of  Montana  and   agricultural   experimental 
station,  which  site  shall  be  at  the  city  of  Bozeman,  or  within 
three  miles  of  the  corporate  limits  of  said  city  of  Bozeman ;  and 
said  state  board  of  education  shall  at  once  take  steps  or  pro- 
ceedings for  procuring  the  title  to  the  tract  or  tracts  of  land  so 
selected  by  them,  and  they  may,  and  are  hereby  empowered  to 
enter  into  contracts  in  the  name  of  the  State  of  Montana,  for  the 
purchase  of  said  tract  or  tracts  of  land  so  selected,  and  may 
execute  such  obligations  for  the  payment  of  the  same  as  will 
mature  when  the  probable  income  from  the  fund  of  said  agri- 
cultural college  and  agricultural  experimental  station,  or  either 
of  them,  will  pay  for  the  same.     The  said  state  board  of  educa- 
tion are  here'by  authorized  and  empowered  to  accept  in  the  name 


STATE  OF  MONTANA.  45 

c  '  the  state  of  Montana,  such  gifts  of  land  and  money  as  may 
I  2  tendered  to  aid  in  the  purchase  of  said  site,  and  whenever 
s  ich  gifts  are  sufficient  in  amount  to  secure  or  pay  for  said  site 
t  icy  shall  appropriate  the  same  to  that  purpose,  and  take  the 
I  roper  and  necessary  conveyances  of  said  tract  or  tracts  of  land 
i  i  the  name  of  the  state.  All  lands  and  money  acquired,  as  pro- 
•\  ided  in  this  section,  shall  be  taken  and  held  for  the  sole  use 
i  nd  benefit  of  said  agricultural  college  and  said  agricultural  ex- 
]  erimental  station.  (Act  approved  Feb.  16,  1893). 

734.  (Sec.  1634.)  Control  of  College. — The  general  control 
;  nd  supervision  of  such  college  is  vested  in  the  state  board  of  edu- 

<  ation,  which  board  may  prescribe  all  rules  therefor.     (Act  ap- 
proved Feb.  16,  1893). 

738.     (Sec.  1628.)     Agricultural  Experimental  Station. — There 

5  also  located  and  established  on  the  land  so  to  'be  selected  by 

•  he  state  board  of  education,  in  connection  with  said  agricultural 

<  ollege,  and  under  its  direction  an  agricultural  experimental  sta- 
ion,  to  aid  in  acquiring  and  diffusing  among  the  people  of  the 

;.tate  of  Montana  useful  and  practical  information  on  subjects 
:onnected  with  agriculture,  and  to  promote  scientific  investiga- 
.ion  and  experiments  respecting  the  principles  and  application 
)f  agricultural  science,  which  experimental  station  is  established 
inder  and  by  virtue  of  the  authority  contained  in  the  act  of 
rongress  entitled  "An  act  to  establish  experimental  stations  in 
:onnection  with  the  colleges  established  in  the  several  states, 
under  the  provisions  of  an  act  approved  July  2d,  1862,  and  the 
said  acts  supplementary  thereto"  approved  March  2d,  1887,  and 
the  provisions,  donations,  and  benefits  contained  in  said  act  of 
congress,  and  in  all  other  acts  of  congress  relating  to  agricultural 
experimental  stations  and  agricultural  colleges,  now  in  force, 
and  all  acts  supplementary  thereto,  or  amendatory  thereof,  are 
by  the  State  of  Montana  hereby  accepted  and  adopted.  (Act 
approved  Feb.  16,  1893). 

State  v.  Barret,  26  Mont.  64;  66  Pac.  505. 

739-  (Sec.  1629.)  Management  of  Station. — Said  agricultural 
experimental  station  is  hereby  placed  under  the  supervision  and 
control  of  the  state  board  of  education,  and  the  executive  or 
subordinate  board  or  authority  who  may  be  by  the  governor,  by 
and  with  the  consent  and  advice  of  said  state  board  of  education, 
appointed.  (Act  approved  Feb.  16,  1893). 

740.     Acceptance  of  grant. — That  the  State  of  Montana  here- 


46  GENERAL  SCHOOL  LAW 

by  assents  to  the  provisions  of  an  Act  of  Congress,  entitled : 
"An  Act  to  provide  for  an  increased  annual  appropriation  for 
agricultural  experiment  stations  and  regulating  the  expenditure 
therof"  approved  March  16,  1906,  and  hereby  consents  to  receive 
the  benefits  thereof  in  the  manner  and  form  and  for  the  purposes 
in  said  Act  intended  and  provided.  (Act  approved  March  2, 
1907,  Sec.  i.)  (loth  Sess.  Chap.  64). 

741.  Designation  of  Station  as  Beneficiary. — That  until  other- 
wise provided  by  law  the  agricultural  experiment  station,  now 
established    at    Bozeman,    Gallatin    County,    State    of   Montana, 
shall  be  the  beneficiary  of  the  funds  in  said  Act  mentioned,  and 
shall  use  and  disburse  said  funds  only  for  the  purposes  and  in 
the  mar  ner  provided  in  said  Aict.     The  treasurer  of  the  execu- 
tive board  of  the  Agricultural  College  and  Agricultural  Experi- 
ment Station,  at  said  city  of  Bozeman,  is  hereby  authorized  to 
receive,  and  shall  be  the  custodian  of  said  funds,  and  he  shall 
account  for  said   funds,   and  make   reports   to  the  secretary  of 
agriculture,  as  required  by  said  Act  of  Congress.     (Act  approved 
March  2,  1907,  Sec.  2.)     (loth  Sess.  Chap.  64.) 

742.  (Sec.   1630.)        Montana  Agricultural  College  Bonds. — 
The  state  board  of  land  commissioners  of  the  State  of  Montana, 
is  hereby  authorized  to  issue  bonds  to  the  amount  of  one  hundred 
thousand  dollars ;  the  minimum  denomination  of  such  bonds  shall 
be  two  hundred  and  fifty  dollars,  and  the  maximum  denomination 
one  thousand  dollars  each,  said  <bonds  to  be  known  as  the  Mon- 
tana agricultural  college  bonds,  to  bear  date  July  i,  A.  D.  1895, 
to  become  due  twenty-five  years  after  date,  and  payable  after 
ten  years  after  date  thereof;  said  bonds  shall  bear  interest  at 
the  rate  of  not  more  than  six  per  cent,  per  annum,  payable  semi- 
annually  on  the  first  day  of  January  and  July  of  each  year  at 
the  office  of  the  state  treasurer  of  the  State  of  Montana.     Said 
bonds  shall  run  from  the  state  board  of  land  commissioners  of 
the   State   of   Montana  to   bearer,   and   shall   be   signed   by   the 
state   board   of   land   commisisoners   and   countersigned   by   the 
secretary  of  state,  who  shall  attach  his  seal  thereto.     (Act  ap- 
proved March  6th,   1895.) 

State  v.  Wright,  17  Mont.  78;   42  Pac.  103. 
State  v.  Rice,  33  Mont.  390;   83  Pac.  787. 

743.  (Sec.  1631.)     Date  of  Issuance  and  Sale  of  Bonds. — The 
bonds  provided  for  in  the  first  section  of  this  Act,  Sec.  742  (1630), 
shall  be  issued  and  sold  as  soon  as  possible  after  the  passage  of 


STATE  OF  MONTANA.  47 

1  lis  Act.     (Act  approved  March  6th,  1895). 

744.      (  Sec.  1632.)     Security  for  Payment  of  Bonds.  —  All  funds 
•  ealized  from  the  sale  or  leasing  of     the     lands     (being     fifty 

Ihousnml   acres)    granted  by   the    United   States  to  the  state  of 
lontana  for  the  establishment  and  maintenance  of  an  agricul- 
ural  college,  under  and  by  virtue  of  the  provisions  of  Sec.   17 
>f  the   Aict  of  congress,   approved   February  22,    1889,   entitled 
An  Act  to  provide  for  the  division  of  Dakota  into  two  states, 
.nd  to  enable  the  people  of  North  Dakota,  Sount  Dakota,  Mon- 
ana  and   \Yashington  to  form  constitutions  and  state  govern- 
nents,  and  to  be  admitted  into  the  union  on  an  equal  footing 
vith  the  original  states,  and  to  make  donations  of  public  lands 
:o  such  states,"  are  hereby  pledged  as  security  for  the  payment 
)f  the  principal  and  interest  of  the  bonds  authorized  by  this  Act, 
and  all  moneys  or  revenue  derived  from  the  said  lands,  or  any 
Df  them,  whether  on  account  of  sale,  lease,  sales  of  timber  or 
Dtherwise,  are  hereby  set  apart  and  shall  constitute  a  fund  for 
the   payment,   as    hereinafter    provided,    of    the    principal    and 
interest  of  the  said  bonds,  which  bonds  shall  be  a  first  lien  on 
said  agricultural  college  bond  fund.     (Act  approved  March  6th, 
' 


745.  (Sec.  1633.)  Agricultural  College  Bond  Fund.  —  It  shall 
be  the  duty  of  the  state  treasurer  to  keep  all  moneys  derived 
from  the  agricultural  college  lands  hereinbefore  mentioned,  in 
a  separate  fund,  to  be  known  and  designated  as  the  agricultural 

llege  bond  fund,  and  out  of  the  money  in  such  fund  he  shall 
pay.  after  approval  by  the  state  board  of  examiners,  (a)  the  cost 
nd  expense  of  issuing  of  the  bonds  herein  provided  for;  (b) 

e  interest  on  the  bonds  herein  authorized,  when  due,  and  (c) 
when  such  bonds  shall  become  payable,  he  shall  call  in  and  pay 

em  as  rapidly  as  the  money  in  such  fund  will  permit,  after 

oviding  for  the  interest.  That  in  the  event  there  shall  not  be 
sufficient  funds  in  the  agricultural  college  bond  fund  to  pay  the 
interest  when  due,  the  board  of  state  examiners  shall,  by  an  order 
entered  upon  their  minutes,  cause  warrants  to  be  issued  on  the 

ricultural  college  bond  fund  for  the  amount  of  the  interest  due  ; 
nd  the  warrants  so  issued  shall  draw  interest  at  the  rate  of  six 
er  cent,  per  annum  ;  and  said  warrants  shall  be  paid  by  the 

asurer  as  soon  as  sufficient  funds  accumulate  in  said  fund 
«»  pay  the  same;  and  by  reason  of  the  delivery  of  said  warrants 
to  the  holders  of  said  bonds,  in  satisfaction  of  accrued  interest, 


a.  ! 

- 

pa 

:;; 

•  • 

: 

su 
inl 
en 

i 
r 

to 


48  GENERAL  SCHOOL  LAW 

there  shall  -be  no  default  in  the  payment  of  interest.     (Act  ap- 
proved March  6,  1895). 

746.  (Sec.  1634.)     Advertisement  of  Sale  of  Bonds. — It  shall 
be  the  duty  of  the  state  treasurer,  to  give  notice,  by  advertising 
in  the  city  of  Helena,  Montana,  by  advertising  for  not  less  than 
two  weeks,   daily   in   one  newjspapers   published   in  the   city   of 
New  York,  N.  Y.,  that  he  will  on  the  second  day  of  April,  1895, 
sell  one  hundred  thousand  dollars  of  the  bonds  herein  author- 
ized,  and   will   receive   bids   therefor,   and   said   bonds   shall   on 
said  day  be  by  him  sold  to  the  highest  bidder.     If  no  bids  are 
then  received,  said  bonds  may  then  be  sold  afterwards  at  private 
sale ;  Provided,  however,  that  none  of  said  bonds  shall  at  any 
time  be  sold  at  less  than  par.     (Act  approved  March  6,  1895.) 

State  v.  Wright,  17  Mont.  78;    42   Pac.   103. 

747.  (Sec.   1635).     Disposition  of  Proceeds    of    bonds. — The 
money  derived  from  the  sale  of  said  bonds  shall  be  used  to  erect, 
furnish,  and  equip  buildings  for  the  use  and  benefit  of  the  agri- 
cultural college  of  the  State  of  Montana,  at  the  city  of  Bozeman, 
in  said  state.     (Act  approved  March  6,  1895). 

State  v.  Wright,  17  Mont.  78;    42  Pac.   103. 

748.  (Sec.  1636.)     Erection  and  Furnishing  of  Building. — Im- 
mediately upon  the  receipt  of  the  money,  the  proceeds  of  the 
sale  of  said  bonds,  the  state  treasurer  shall  turn  over  the  same 
to  the  treasurer  of  the  agricultural  college,  and  it  shall  be  dis- 
bursed  by   him   on   orders  of   the   executive   board   of  the   said 
agricultural  college,  in  the  erection  and  furnishing  of  a  suitable 
building  or  buildings  for  the  use  and  benefit  of  the  agricultural 
college  upon  plans  and  specifications  first  submitted  to  and  ap- 
proved by  the  state  board  of  education ;  Provided,  however  that 
the  general  supervision  of  the  construction  and  erection  of  such 
building  or  buildings  and  the  furnishing  and  equipping  thereof 
shall  be  under  the  control  of  the  state  board  of  education.     (Act 
approved  March  6,  1895). 

State  v.  Wright,  17  Mont.  77;  42  Pac.  103.  The  proper  custodian 
of  the  proceeds  of  the  bonds  issued  under  Section  1630,  supra, 
is  the  treasurer  of  the  state  agricultural  college,  who  may, 
by  mandamus,  compel  the  'state  treasurer  to  pay  over  such 
proceeds. 

749.  (Sec.    1637.)     State  not  Liable  on  Bonds. — Nothing  in 
this  Act  shall  be  so  construed  as  to  in  any  wise  hold  the  State  of 
Montana  liable  for  the  payment  of  the  bonds  herein  authorized, 
•or  interest  thereon.     (Act  approved   March  6,   1895). 

State  v.  Rice,  33  Mont.  390;   83  Pac.  878. 


STATE  OF  MONTANA. 


750.  Refunding   Bonds. — The   state   board   oi    land   commis- 
sioners of  the  State  of  Montana  is  hereby  authorized  to  issue 
bonds  to  the  amount  of  eighty  thousand  dollars  ($80,000.00),  for 
the  purpose  of  taking  up  and  redeeming  the  issue  of  one  hundred 
thousand   dollars    agricultural    college   bonds   heretofore    issued 
under   Sections  742  (1630)  to  749  (1637),  inclusive,  of  the  Politi- 
cal Code  of  Montana,  now  outstanding,  and  redeemable  July  I, 
1905.     The  minimum  denomination  of  such  bonds  shall  be  two 
hundred  and  fifty  dollars,  ($250.00),  and  the  maximum  shall  be 
one    thousand    dollars    ($1,000.00)    each.     Said    bonds    shall    be 
known  as  the  Montana  agricultural  college  refunding  bonds,  to 
bear  date  July  i,  1905,  to  become  due  and  payable  twenty  (20) 
years  after  date,  and  to  be  redeemable    (10)   years  after  date 
thereof.       Said  bonds  shall  bear  interest  at  a  rate  not  to  exceed 
nve   (5)   Per  cent  Per  annum,  and  as  much  lower  as  the  state 

I  board  of  land  commissioners  may  decide,  payable  semi-annually 
on  the  first  day  of  January  and  July  of  each  year,  and  both  prin- 
cipal and  interest  shall  be  payable  at  the  office  of  the  state  treas- 
urer of  Montana.  Said  Bonds  shall  run  from  the  state  board  of 
land  commissioners  of 'the  State  of  Montana  to  bearer,  and  shall 
be  signed  by  the  state  board  of  land  commissioners,  and  counter- 
signed by  the  secretary  of  State  of  Montana,  who  shall  attach 
his  seal  thereto ;  Provided,  however,  that  nothing  in  this  Act 
shall  be  so  construed  as  to  hold  the  State  of  Montana  liable  for 
the  payment  of  said  bonds  or  the  interest  thereon.  (Act  ap- 
proved March  i,  1905).  (9th  Sess.  Chap.  54). 

751.  Sale  of  Bonds.     The  bonds  provided  for  in  the  first  sec- 
tion of  this  Act  shall  be  issued  and  sold  at  public  or  private 
sale  as  hereinafter  provided,  as  soon  as  possible  after  the  passage 
and  approval  of  this  Act.     (Act  approved  March  i,  1905,  Sec. 

•  ii).  (9th  Sess.  Chap.  54). 
752.  Security  for  Payment  of  Bonds. — All  funds  arising  from 
the  sale,  or  leasing  of  the  lands,  interest  on  deferred  payments, 
and  licenses  to  cut  trees  thereon,  (being  fifty  thousand  acres) 
granted  by  the  United  States  to  the  State  of  Montana,  for  the 
establishment  and  maintenance  of  an  agricultural  college,  under 
and  by  virtue  of  the  provisions  of  Section  17,  of  the  Act  of  Con- 
gress, approved  February  22,  1899,  entitled  "An  Act  to  provide 
for  the  division  of  Dakota  into  two  states,  and  to  enable  the 
people  of  North  Dakota,  South  Dakota,  Montana  and  Washing- 
ton to  form  constitutions  and  state  governments,  and  to  be  ad- 


50  GENERAL  SCHOOL  LAW 

mitted  into  the  Union  on  an  equal  footing  with  the  original 
states,  and  to  make  donations  of  public  lands  to  such  states," 
are  hereby  pledged  as  security  for  the  payment  of  the  principal 
and  interest  of  the  bonds  authorized  by  this  Act,  and  all  moneys 
or  revenues  derived  from  said  lands,  or  any  of  them,  whether 
onaccount  of  sales,  leases,  sales  of  timber,  interest  or  otherwise, 
are  hereby  set  apart  and  shall  constitute  a  fund  for  the  payment 
as  hereinafter  provided,  of  the  principal  and  interest  of  the  said 
bonds,  which  refunding  bonds  shall  be  a  first  lien  on  said  agricul- 
tural college  bond  fund,  after  payment  therefrom  of  said  out- 
standing bonds  as  herein  provided.  (Act  approved  March  r, 
1905,  Sec.  3.)  (gth  Sess.  Chap.  54.) 

753.  Duties  of  State  Treasurer. — It  shall  be  the  duty  of  the 
state  treasurer  to  keep  all  moneys  derived  from  the  agricultural 
college  lands  hereinbefore  mentioned  together  with  the  proceeds 
of  the  sale  of  the  bonds  herein  authorized  to  be  issued,  in  a  sep- 
arate fund,  to  be  known  and  designated  as  the  agricultural  col- 
lege bond  fund,  and  out  of  the  money  in  such  fund  he  shall  pay, 
after  approval  by  the  state  board  of  land  commissioners. 

a.  The  principal  and  accrued  interest  on  the  said  outstanding 
issue  of  one  hundred  thousand  dollars  agricultural  college  bonds, 
for  the  purpose  of  taking  up  and  redeeming  said  bonds  as  here- 
inafter provided. 

b.  The  cost  and  expense  of  the  issuing  and  sale  of  the  bonds- 
herein  provided  for. 

c.  The  interest  on  the  bonds  herein  authorized. 

d.  When  such  refunding  bonds  become  redeemable  he  shall 
call  in  and  pay  them  as  rapidly  as  the  money  in  such  fund  will 
permit,  after  providing  for  the  interest.     In  the  event  that  there 
shall  not  be  sufficient  in  the  agricultural  college  bond  fund  to 
pay  the  interest  when  due,  the  state  board  of  land  commissioners 
shall  by  an  order  entered  on  their  minutes,  cause  warrants  to  be 
issued  on  the  agricultural  college  bond  fund  for  the  amount  of 
the  interest  due,  and  the  warrants  so  issued  shall  bear  interest 
at  the  rate  of  five  (5)  per  cent  per  annum;  said  warrants  shall 
be  paid  by  the  treasurer  as  soon  as  sufficient  money  accumulates 
in  said  fund  applicable  thereto  to  pay  the  same,  and  by  reason 
of  the  delivery  of  said  warrants  to  the  holders  of  said  bonds  in 
satisfaction  of  accrued  interest,  there  shall  be  no  default  in  pay- 
ment of  the   interest.     (Act  approved   March    I,    1905,   Sec.  4).. 
(9th  Sess.  Chap.  54). 


STATI-:  OF  MONTANA. 


51 


754.  Sale  of  Bonds,  Notice. — It  shall  be  the  duty  of  the  state 
treasurer  to  give   notice  by  advertising  for  not  less  than   two 
weeks,  daily,  in  one  newspaper  published  in  the  city  of  Helena, 
and  one  newspaper  published  in  the  city  of  New  York,  that  he 
will,  on  the  tenth  day  of  April,  1905,  sell  the  eighty  thousand  dol- 
lars of  refunding  bonds,  hereby  authorized  and  will  receive  bids 
therefor,  and  said  bonds  shall  on  said  day  be  sold  to  the  highest 
bidder,  or  to  the  person  offering  to  take  the  same  at  the  lowest 
rate  of  interest,  as  may  be  directed  by  the  state  board  of  land 
commissioners.     If  no  bids  are  then  received,  or  if  none  are  ac- 
cepted, said  bonds  may  be  sold  afterwards  at  private  sale ;  Pro- 
vided, that  the  said  board  of  land  commissioners  shall  have  the 
right  to  open,  receive  and  examine  all  bids  for  said  bonds,  and 
in  its  discretion  accept  or  reject  the  same,  and  provided,  further, 
that  none  of  said  bonds  shall  at  any  time  be  sold  for  less  than 
par.      i  Act  approved   March   I,   1905,  Sec.  5.)      (9th  Sess.  Chap. 

54). 

755.  Disposition  of  Proceeds. — The  moneys  derived  trom  the 
sale  of  said  refunding  bonds  shall  be  placed  in  the  agricultural 
college  bond  fund,  out  of  which  shall  be  paid  the  principal  and 
interest  necessary  to  take  up  and  redeem  the  issue  of  one  hun- 
dred   thousand    dollars    ($100,000.00)    of    Montana    agricultural 
college  bonds  authorized  by  Section  742   (1630),  to  749  (1637), 
Political  code  of  Montana,  now  outstanding,  redeemable  July  I, 
1905.     It  shall  be  the  duty  of  the  state  treasurer  to  give  notice 
to  the  owners,  so  far  as  known,  of  the  said  Montana  agricultural 
college  bonds  authorized  by  Section  742  (1630),  to  749  (1637), 
inclusive,   !V;litical  Code,  that  he  will,  on  the  first  day  of  July, 
1905,  pay  the  principal  and  accrued  interest  on  the  said  bonds, 
and  that  interest  will  cease  from  and  after  the  said  date ;  and 
said  treasurer  shall  on  said  date  pay,  take  up,  redeem,  and,  under 

•  the  direction  of  the  state  board  of  land  commissioners  shall  can- 
cel said  bonds.  If  by  reason  of  delay  in  selling  the  said  bonds 
authorized  by  this  Act.  the  money  shall  not  be  available  on  the 
first  day  of  July,  1905,  the  state  treasurer  shall  call  for,  take  up, 
redeem  and  cancel  the  said  Montana  agricultural  college  bonds 
at  the  earliest  date  practicable  after  such  money  shall  be  avail- 
able .  i  Act  approved  March  I,  1905,  Sec.  6).  (9th  Sess.  Chap. 

54). 

756.  Establishment  of  Experimental  Substation  in  Horticul- 
ture.— The   executive   board   of   the   Montana   Agricultural   Ccl- 


52  GENERAL  SCHOOL  LAW 

lege  is  hereby  authorized  and  directed  to  establish  a  sub-station 
for  the  purpose  of  carrying  on  experimental  work  in  horticulture, 
said  station  to  be  located  at  such  point  in  the  State  of  Montana 
as  said  board  may  select;  Provided,  however,  that  the  citizens 
or  county  wherein  said  sub-station  is  located  shall  donate  to  the 
state  and  give  in  fee  simple  not  less  than  fifteen  acres  of  suitable 
land  including  a  perpetual  water  right  for  the  same.  (Act  ap- 
proved March  7,  1907).  (loth  Sess.  Chap.  146). 

757.  Billings  Experimental  Station. — There  is  hereby  estab- 
lished to  be  located  within  three  miles  of  the  corporate  limits 
of  the  city  of  Billings,  Montana,  on  such  land  as  the  governor 
and  secretary  of  state  may  select,  a  sub-station  of  the  agricultural 
experimental  station  provided  for  in  Section  7  of  an  act  of  the 
legislature   entitled   "An   Act   providing   for    the    location    and 
establishment  of  the  Agricultural  College  of  the  State  of  Mon- 
tana,  and  an  Agricultural   Experimental   Station   in   connection 
therewith,  enumerating  its  objects  and  purposes,  dedicating  lands 
for  the  use  of  the  same,  providing  for  the  government  and  con- 
trol thereof,  and  accepting  and  adopting  the  provisions,  donations 
and  benefits  contained  in  the  Acts  of  Congress  relating  thereto." 
approved  February  i6th,   1893.     That  said  sub-station  shall  be 
under  the  general  direction  of  the  experimental  station  of  the 
agricultural  college  of  the  State  of  Montana,  and  its  immediate 
direction  shall  be  in  charge  of  three  persons  to  be  appointed  by 
the  governor  by  and  with  the  consent  of  the  senate,  two  of  whom 
shall  reside  within  ten  miles  of  the  sub-station,  said  persons  so 
appointed  shall  constitute  a  board  to  be  known  as  "Directors 
of  the  Billings     Sub-Experimental     Station."     Said     board     of 
directors  shall  be  at  all  times  subject  to  the  direction  and  control 
of  the  said  experimental  station  of  the  agricultural  college,  and 
they  shall  serve  without  compensation.     (Act  approved  March 
7,  1903,  Sec.  i.)     (8th  Sess.  Chap.  118.) 

758.  Same  Work  of  Sub-Station. — At    said    sub-station    ex- 
perimental work  shall  be  conducted  with  a  view  to  acquiring 
and  diffusing  useful  and  practical  information  on  subjects  con- 
nected with  agriculture  and  to  promote  scientific  investigation 
and    experiments    respecting    the    principal    and    application    of 
agricultural  science,  under  climatic  and  other  conditions  existing 
in  the  vicinity  of  the  city  of  Billings.     (Act  approved  March  7, 
1903,  Sec.  2.)      (8th  Sess.  Chap.  118). 

759.  Lands  for  Sub-Station.— That  for  the  purpose  of  securing 


STA^TE  OF  MONTANA.  53 

itle  to  the  land  selected  by  them  for  said  sub-station,  the 
governor  and  secretary  of  state  are  hereby  authorized  and  em- 
>owered  to  either  use  the  land  heretofore  acquired  by  the  state 
or  the  eastern  state  prison,  near  Billings  and  described  as: 

Each  and  all  of  the  lots  contained  in  each  and  all  of  the  follow- 
ng  named  and  numbered  blocks,  to-wit  Blocks  numbered  two 
mndred  and  ninety-five  (295),  two  hundred  and  ninety-seven 
'297),  two  hundred  and  ninety-eight  (298),  two  hundred  and 
linety-nine  (299),  three  hundred  and  ten  (310),  three  hundred 
md  nineteen  (319),  three  hundred  and  twenty-seven  (327), 
:hree  hundred  and  thirty-one  (331),  three  hundred  and  thirty- 
:wo  (332),  and  three  hundred  and  twenty  six  (326);  the  lots 
in  each  of  said  blocks  being  platted  and  numbered  consecutively 
from  one  (i)  to  twenty-four  (24)  both  inclusive,  and  the  total 
number  of  lots  in  all  of  said  blocks  being  two  hundred  and  forty 
(240):  Also  lots  numbered  seven  (7),  eight  (8),  nine  (9),  ten 
(10),  eleven  (11),  twelve  (12),  thirteen  (13),  fourteen  (14), 
fifteen  (15),  sixteen  (16),  seventeen  (17),  and  eighteen  (18),  in 
block  numbered  two  hundred  and  ninety-four  (294)  ;  Also  lots 
numbered  one  (i),  two  (2),  three  (3),  four  (4),  five  (5),  six  (6), 

ven  (7),  eight  (8),  nine  (9),  ten  (10),  eleven  (n),  twelve  (12), 
in  block  numbered  three  hundred  and  nine  (309)  ;  Ailso  lots 
numbered  thirteen  (13),  fourteen  (14),  fifteen  (15),  sixteen  (16), 
seventeen  (17),  eighteen  (18),  nineteen  (19),  twenty  (20),  twenty 
one  (21),  twenty-two  (22),  twenty-three  (23),  twenty-four  (24), 
in  block  numbered  three  hundred  and  thirty-three  (333),  also 
lots  numbered  one  (i),  two  (2),  three  (3),  four  (4),  seventeen 
(17),  eighteen  (18),  nineteen  (19),  twenty  (20),  twenty-one 
(21),  twenty-two  (22),  twenty-three  (23),  and  twenty-four  (24), 
and  fractional  lots  numbered  five  (5), -fifteen  (15),  and  sixteen 
1 6),  in  block  numbered  three  hundred  and  twenty  eight  (328)  ; 
Also  lots  numbered  twenty-one  (21),  twenty-two  (22),  twenty- 
three  (23),  and  twenty-four  (24),  in  block  numbered  three  hun- 
anrl  twenty  (320)  ;  also  all  of  the  unplatted  lots  or  fractions  of 
lots  in  any  and  all  of  said  blocks  numbered  three  hundred  and 
twenty-eight  (328),  and  three  hundred  and  twenty  (320)  :  all  and 
ular  the  said  lots  and  parts  of  lots,  and  all  and  singular  the 
>aid  blocks  and  parts  of  blocks  1>ein^  in  the  first  addition  to 
the  town  of  Hillings,  in  the  county  of  Yellowstone  and  State  of 

ontana,  according  to  the  plat  of  the  said  first  addition  to  the 

id  town  of  Billings,  now  on  file  and  of  record  in  the  office  of 


; 


54  GENERAL  SCHOOL  LAW 

the  clerk  and  recorder  of  the  said  county  of  Yellowstone :  also  all 
and  singular  the  several  tracts,  pieces  or  parcels  of  land  contained 
in  the  following  bounded  and  described  parts  of  streets  and 
avenues,  and  in  the  following-  described  alleys,  situate  in  the 
aforesaid  town  of  Billings,  and  in  the  aforesaid  first  addition 
thereto,  to-wit :  All  that  portion  of  Ninth  (9th)  avenue  north 
lying  and  being  included  between  the  extreme  easterly  line  of 
North  Fifteenth  (i5th)  street;  all  that  portion  of  Tenth  (loth) 
avenue  north  lying  and  being  i  ncluded  between  the 
extreme  easterly  line  of  North  Nineteenth  (iQth)  street 
and  the  extreme  westerly  line  of  North  Fifteenth  (i5th) 
street;  all  that  portion  of  Eleventh  (nth)  avenue  nortlh 
lying  and  being  included  between  the  extreme  westerly 
line  of  North  Eighteenth  street  and  the  extreme  west- 
erly line  of  North  Fifteenth  street;  all  that  portion  of  Twelfth 
Avenue  North  lying  and  being  east  of  the  extreme  westerly  line 
of  North  Eighteenth  (i8th)  street;  all  that  portion  of  Thirteenth 
(i3th)  Avenue  North  lying  and  being  east  of  the  extreme  west- 
erly line  of  North  Eighteenth  street;  all  that  portion  of  North 
Eighteenth  street  lying  and  being  north  of  the  extreme  southerly 
line  of  Ninth  (9th)  Avenue  North;  all  that  portion  of  North 
Seventeenth  (17)  street  lying  and  being  North  of  the  extreme 
northerly  line  of  Eighth  (8th),  Avenue  North,  and  all  that  portion 
of  North  Sixteenth  (i6th)  street  lying  and  being  north  of  the 
extreme  northerly  line  of  Eighth  (8th)  Avenue  North;  also 
each  and  all  of  the  alleys  contained  in  each  and  all  of  the  follow- 
ing named  and  numbered  blocks,  to-wit:  Blocks  numbered 
three  hundred  and  nineteen  (319),  three  hundred  and  twenty 
(320),  three  hundred  twenty-six  (326),  three  hundred  twenty- 
seven  (327),  three  hundred  nine  (309),  three  hundred  ten  (310), 
three  hundred  thirty-two  (332),  three  hundred  and  thirty-one 
(331),  three  hundred  thirty-three  (333),  two  hundred  ninety- 
eight  (298),  two  hundred  ninety-seven  (297),  two  hundred 
ninety-nine  (299),  two  hundred  ninety-four  (294),  and  two  hun- 
dred and  ninety-five  (295),;  each  and  all  of  the  aforesaid  blocks 
and  the  alleys  therein  being  in  the  first  addition  to  the  aforesaid 
town  of  Billings,  in  the  said  county  of  Yellowstone  and  State 
of  Montana,  or  if  such  land,  in  their  judgment  is  not  suitable  for 
the  purpose  of  such  sub-experimental  station,  then  they  shall 
and  are  hereby  empowered  to  convey  such  land  described  as 
aforesaid  in  exchange  for  such  suitable  tract  of  land  for  the 


STATI-:  OF  MONTANA. 


55 


sub-experimental   station   as   they   may   deem   of   at  least   equal 
/alue.     Act  approved  March  7,   1903).     (8th  Sess.   Chap.   118). 

760.  Governor  and  Secretary  of  State  to  Select  Site. — The 
governor  and  secretary  of  state  shall  make  selection  of  the  land 
provided  for  within  sixty  days  after  the  approval  of  this  act, 
and   within  ninety  days  thereafter  the  State  of  Montana  shall 
make  provision  for  maintenance  of  said  sub-experimental  sta- 
tion.    (A;ct  approved  March  7,  1903,  Sec.  4).     (8th  Sess.  Chap 
118). 

761.  Use  of  Bozeman  Funds  Prohibited. — It -shall  be  unlawful 
under  any  circumstances  to  use  any  funds  appropriated  for  the 
experiment  station  at  Bozeman  for  the  support  or  maintenance 
of  said  sub-station.     (Act  approved  March  7,  1903,  Sec.  5).    (8th 
Sess.  Chap  118). 

762.  State  Board  of  Land  Commissioners  May  Sell  Lands. — 
The  state  board  of  land  commissioners  is  hereby  empowered  to 
sell  and  dispose  of  all  lands  acquired  under  and  by  virtue  of  the 
the  provisions  of  Chapter  118,  Session  Laws  of  1903.     (Section 
759),  upon  the  same  terms  and  conditions  as  provided  by  law 
for  the  sale  and  disposition  of  all  other  state  lands.     (Act  ap- 
proved March  9,  1907).     (loth  Sess.  Chap.  188). 

763.  Experimental  Sub-Station  Located  in  Fergus  County. — 
That  there  is  hereby  established,  to  be  located  in  Fergus  county, 
Montana,  on  such  land  as  may  be  donated  to  the  State  of  Mon- 
tana and  accepted  by  the  governor  and  secretary  of  state  as 
suitable  for  the  purpose,  a  sub-station  of  the  agricultural  ex- 
perimental station  provided  for  in  Section  7  of  an  Act  of  the 
legislative  assembly  of  the  state  of  Montana,  entitled  "An  Act 
providing  for  the  location  and  establishment  of  the  agricultural 
college  of  the  State  of  Montana,  and  an  agricultural  experimental 
station  in  connection  therewith,  enumerating  its  objects  and  pur- 
poses, dedicating  lands  for  the  use  of  the  same,  providing  for  the 
government  and  control  thereof,  and  accepting  and  adopting  the 
provisions,  donations  and  benefits  contained  in  the  Acts  of  Con- 
gress relating  thereto,"  approved  February   16,  1893.     (Section 
738.)     Said  sub-station  shall  1>e  under  the  direction  of  the  experi- 
mental station  of  the  agricultural  college  of  the  State  of  Montana. 
(Act  approved    .March,   1907,  Sec.   i).     (loth  Sess.   Chap.   189). 

764.  Authority  of  Governor  to  Accept  Site. — The  governor 
and  secretary  of  state  are  hereby  authorized  to  accept  on  be- 
half of  the  state,  donation  or  donations  of  land  for  such  purposes, 


56  GENERAL  SCHOOL  LAW 

provided  such  land  be  conveyed  to  the  state  in  fee  simple,  and 
be  free  of  all  encumberances  and  the  title  to  the  same  be  good. 
(Act  approved  March,  1907,  Sec.  2).  (loth  Sess.  Chap.  189). 

765.  Acceptance  of  Donations  of  Money  and  Material. — The 
said  college  is  authorized  to  receive  donations  of  money,  imple- 
ments, building  materials,  animals  and  supplies  for  the  use  of 
said  sub-station.     (Alct  approved   March,    1907,   Sec  4).     (roth 
Sess.  Chap.  189). 

766.  State   Entomoligst   of   Montana. — The   entomologist   of 
the    Montana   Agricultural    College    and    Experimental    Station 
shall   be  known  as  the  state  entomologist  of  Montana.     (Act 
approved  March  5,  1907,  Sec.  i).     (loth  Sess.  Chap  103). 

767.  Duties  of  State  Entomologist. — It  shall  be  the  duty  of 
the   state   entomologist   to   conduct   field   investigations    of   the 
injurious   insects   of   fruits,   vegetables,   grains,   grasses,   forage 
crops,  including  clover  and  alfalfa,  root  crops,  shade  trees,  orna- 
mental plants,  and  any  other  insects  that  may  become  injurious. 
When  it  becomes  known  to  the  state  entomologist  that  an  out- 
break of  an  insect  has  occurred  in  any  part  of  the  state,  it  shall 
be  his  duty,  so  far  as  is  possible  without  conflicting  with  his 
other  duties,  to  go  to  the  scene  of  the  outbreak  or  send  a  suitably 
qualified    assistant.     The    state    entomologist   or    said    assistant 
shall  determine  the  extent  and  seriousness  of  the  outbreak,  and, 
when   necessary  publish   or  make   public   demonstration  of  the 
best  remedies  to  be  employed.     (Act  approved  March  5,   1907, 
Sec.  2).     (loth  Sess.  Chap.  103). 

768.  Annual  Report. — The  entomologist  shall  make  an  annual 
report  to  the  governor  of  the  state,  on  or  before  the  first  day  of 
January,  which  report  shall  be  published  by  the  experiment  sta- 
tion as  one  of  its  regular  bulletins,  and  shall  contain  a  report 
of  his  work  and  expenditures  under  this  Act.     (Act  approved 
March  5,  1907,  Sec.  3).     (loth  Sess.  Chap.  103). 

769.  Expenses. — The  state  entomologist  shall  receive  no  com- 
pensation for  his  services  other  than  what  he  may  receive  from 
the  Montana  Agricultural  College  and  Experiment  Station,  but 
the  actual  traveling  expenses  of  himself  or  assistant,  together 
with  such  office  or  laboratory  expenses  as  result  from  the  work 
contemplated  under  this  Act,  not  to  exceed  five  hundred  dollars 
($500.00),  per  annum,   shall  be  paid,   and  such  sum  is  hereby 
annually  appropriated  for  the  purposes  of  this  Act  out  of  any 
moneys  in  the  state  treasury,  not  otherwise  appropriated.  Upon 


STATE  OF  MONTANA. 


:he  certification  of  the  Secretary  of  the  executive  board  of  the 
Montana  Agricultural  College  and  director  of  the  Agricultural 
Experiment  Station,  the  state  auditor  is  authorized  to  issue  war- 
-ants  to  cover  the  traveling  expenses  of  the  state  entomologist 
while  engaged  in  carrying  out  the  provisions  of  this  Ajct.  (Act 
approved  March  5,  1907,  Sec.  4).  (loth  Sess.  Chap.  103). 


SENATE  BILL   75. 

Agricultural  Experimental  Station. 

Description  of  land  to  be  purchased. 

Board  of  land  commissioners  may  pay  for  same  from  proceeds  of 
,ale  of  lands  of  the  agricultural  college  land  grant. 

Prices  to  be  paid  for  the  separate  tracts  purchased. 

Title  to  vest  in  state  and  in  case  of  sale  the  proceeds  to  be  returned 
o  the  permanent  fund  of  the  agricultural  college. 

An  Act  to  authorize  and  direct  the  Montana  state  board  of 
land  commissioners  to  purchase  certain  lands  for  the  benefit 
and  use  of  the  Agricultural  Experiment  Station  connected  with 
and  a  department  of  the  Montana  Agricultural  College  at  Boze- 
man,  Montana. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  I.  That  the  Montana  state  board  of  land  commission- 
ers are  hereby  authorized  and  directed  to  purchase  for  the  benefit 
and  use  of  the  Agricultural  Experiment  Station  connected  with 
and  a  department  of  the  Agricultural  College  at  Bozeman, 
Montana,  the  following  lands  situated  in  Gallatin  County, 
Montana,  to-wit:  The  northwest  quarter  of  section  fourteen 
(14),  in  township  two  (2),  south  of  range  five  (5),  east,  and 
blocks  numbered  eight  (8),  and  nine  (9),  in  Capitol  Hill  Addi- 
tion to  the  city  of  Bozeman,  Montana. 

Section  2.  That  the  said  Montana  state  board  of  land  com- 
missioners are  empowered  and  directed  to  use  for  the  payment  of 
the  purchase  price  of  the  lands  described  in  Section  I  of  this 
Act,  the  sum  of  eighteen  thousand  and  eight  hundred  dollars 
($18,800)  or  so  much  thereof  as  may  be  necessary  out  of  the 
proceeds  from  the  sale  of  lands  granted  to  the  State  of  Montana 
for  the  use  and  support  of  an  agricultural  college  in  accordance 
with  Section  five  (5),  of  the  Afct  of  Congress  entitled  "An  Act 
donating  public  lands  to  the  several  states  and  territories  which 


u 


o 


58  GENERAL  SCHOOL  LAW 

may  provide  colleges  for  the  benefits  of  agriculture  and  mechanic 
arts",  approved  July  2,  1862,  and  by  Section  Sixteen  (16)  of  an 
Act  of  Congress  approved  February  22,  1889,  entitled,  "An  Act 
to  provide  for  the  division  of  Dakota  into  two  states  and  to 
enable  the  people  of  North  Dakota,  South  Dakota,  Montana  and 
Washington  to  form  constitutions  and  to  be  admitted  into  the 
the  Union  on  an  equal  footing  with  the  original  states  and  to 
make  donations  of  lands  to  such  states;"  that  of  the  sum  of 
eighteen  thousand  eight  hundred  dollars  ($18,800)  mentioned  in 
this  section,  the  sum  of  sixteen  thousand  dollars  ($i6',ooo)  is 
to  be  used  for  the  purchase  of  the  northwest  quarter  of  Section 
Fourteen  (14),  in  Township  Two  (2),  south  of  Range  Five  (5), 
-east,  situate  in  Gallatin  county,  Montana,  and  the  sum  of  two 
thousand  eight  hundred  dollars  ($2,800)  is  to  be  used  for  the 
purchase  of  blocks  numbered  eight  (8)  and  nine  (9),  in  Capitol 
Hill  Addition  to  the  city  of  Bozeman,  Montana. 

Section  3.  That  the  title  to  said  lands  when  purchased  shall 
vest  in  the  State  of  Montana  and  whenever  said  lands  are  sold 
or  otherwise  disposed  of  the  proceeds  therefrom  shall  be  returned 
to  the  permanent  fund  of  the  Montana  Agricultural  College. 

Section  4.  This  Act  shall  take  effect  and  be  in  full  force 
after  its  passage  and  approval. 

Approved  March  2,  1909. 


CHAPTER  \ . 

State  Normal  School. 

Section  770.  State  normal  school  established. 

Section  771.  Control  and  management. 

Section  772  Establishment  of  school;   name. 

Section  773.  Object  of  school. 

Section  774.  Control  and  supervision. 

Section  775.  Acceptance   of   public   lands. 

Section  777.  Limitation  of  act. 

Section  778.  State  normal  school  bonds. 

Section  779.  Date  of  issuance  of  bonds. 

Section  780.  State  normal  school  bond  fund. 

Section  781.  Interest  warrants. 

Section  782.  Advertisement  of  the  sale  of  bonds. 

Section  783.  Disposition  of  proceeds  of  bonds. 

Section  784.  Building  of  school. 

Section  785.  State  not  liable  on  bonds. 

Section  786.  Investment  of  state,  normal  school  bond  funds. 

Section  787.  Same. 


STATE  OP^  .MONTANA.  59 

Section  788.     Redemption  of  bonds. 
Section  789.     Duty  of  auditor. 
Section  790.     Securities,  how  paid  for. 

770.  (Sec.  1650).     State  Normal  School  Established. — A  state 
normal  school  is  established  and  located  at  Dillon,  and  has  for 
its  object  instruction  and  education,  the  art  of  teaching  in  all  of 
its  branches  that  pertain  to  a  good  public  school  education  in 
the   mechanical    arts   and   in   husbandry,   and   the   fundamental 
laws  of  the  United  States  and  of  the  state.     Such  normal  school 
may  be  connected  with  the  state  university,  under  such  regu- 
lations as  the  state  board  of  education  may  prescribe. 

771.  (Sec.   1651.)     Control  and    Management. — The    control 
and  supervision  of  such  school  is  vested  in  the  state  board  of 
education  which  may  prescribe  all  necessary  rules  therefor. 

772.  Establishment  of  School,  Name. — That  there  be  and  is 
hereby  established  within  two  miles  of  the  corporate  limits  of 
the  city  of  Dillon,  Beaverhead  county,  Montana,  a  state  normal 
school,  which  shall  be  called  the  "Montana  State  Normal  Col- 
lege".    (Act  approved  February  25th,  1903,  Sec.  i).     (8th  Sess. 
Chap.  29). 

773.  (Sec.   1653.)     Object  of  School. — The  object     of     said 
normal  school  shall  be  the  instruction  and  training  of  teachers 
for  the  public  schools  of  the  state.     (Act  approved   February 
23,  1893). 

774.  (Sec.  1654.)     Control  and  Supervision. — The  control  and 
supervision  of  such  school  is  vested  in  the  state  board  of  edu- 
cation, which  must  elect  a  president,  all  teachers  and  employes, 
and  prescribe  all  necessary  rules  therefor.     (Act  approved  Feb. 

23.   1893)- 

775.  (Sec.    1655).     Acceptance  of  Public  Lands. — The  state 
board  of  education,  herein  mentioned,  and  their  successors,  shall 
receive,  in  the  name  of  the  state  normal  school  hereby  estab- 
lished, all  the  benefits,  of  whatsoever  nature,  that  may  be  derived 
from  the  distribution  and  selection  of  lands  contemplated  in  Sec. 
17.  of  an  act  of  congress,  approved  February  22d,  1889,  entitled 
"An  Act  to  provide  for  the  division  of  Dakota  into  two  states, 
and  to  enable  the  people  of  North  Dakota,  South  Dakota,  Mon- 
taan,  and  Washington,  to  form  constitutions  and  state  govern- 
ments, and  to  be  admitted  into  the  Union  on  an  equal  footing 
witli  the  original  states  and  to  make  donations' of  public  lands  to 
•such  states."     (Act  approved   February  23,   1893). 


60  GENERAL  SCHOOL  LAW 

777.  Limitation  of  Act. — Nothing  herein  contained  shall  in  any 
wise  effect  or  change  the  purpose  or  object  of  said  school  or  the 
land  grant  made  for  the  support  thereof.     (Act  approved  Feb. 
25th,  1893,  Sec.  3.)      (8th  Sess.  Chap.  29). 

778.  (Sec.    1637.)     State  Normal  School  Bonds. — The   state 
board  of  land  commissioners  of  the  State  of  Montana  is  hereby 
authorized  to  issue  bonds  to  the  amount  of  fifty  thousand  dollars ; 
the  minimum  denomination  of  such  bonds  shall  be  two  hundred 
and  fifty  dollars,  and  the  maximum  denomination  one  thousand 
dollars  each ;  said  bonds  to  be  known  as  the  state  normal  school 
bonds,  to  bear  date  of  July  i,  A.  D.  1895,  to  become  due  twenty- 
five  years   after   date,   and   payable   after  ten   years   after   date 
thereof.     Said  bonds  shall  bear  interest  at  the  rate  of  not  more 
than  six  per  cent,  per  annum,  payable  semi-annually  on  the  first 
day  of  January,  and  the  first  day  of  July,  at  the  offitee  of  the  state 
treasurer  of  the  State  of  Montana.     Said  bonds  shall  run  from 
the  state  board  of  land  commissioners  of  the  State  of  Montana 
to  bearer  and  shall  be  signed  by  the  state  board  of  land  com- 
missioners, and  countersigned  by  the  secretary  of  state,  who  shall 
attach  his  seal  thereto.     (Act  approved  March  15,  1895). 

779.  (Sec.    1658.)     Date  of  Issuance  of  Bonds. — The  bonds 
provided  for  in  the  first  section  of  this  act  (778),  shall  be  issued 
and  sold  as  soon  as  possible  after  the  passage  of  this  act.     (Act 
approved  March  15,  1895). 

780.  (Sec.  1659.)     State  Normal  School  Fund. — All  funds  re- 
alized from  the  sale  or  leasing  of  the  lands  (being  one  hundred 
thousand  acres)   granted  by  the  United  States  to  the  State  of 
Montana  for  the  establishment  and  maintenance  of  a  state  normal 
school  under  and  by  virtue  of  the  provisions  of  Sec.  17  of  the 
act  of  congress,  approved  February  22,   1889,  entitled  "An  Act 
to  provide  for  the  division  of  Dakota  into  two  states   and   to 
enable  the  people  of  North  Dakota,  South  Dakota,  Montana  and 
Washington  to  form  constitutions  and  state  governments  and  to 
be  admitted  into  the  union  on  an  equal  footing  with  the  original 
states,  and  to  make  donations  of  public  lands  to  such  states, " 
are  hereby  pledged  as  security  for  the  payment  of  the  principal 
and  interest  of  the  bonds  authorized  by  this  act,  and  all  moneys 
or  revenues  derived  from  the  said  lands  or  any  of  them,  whether 
on   account  of  sales,   leases,   sales  of  timber  or  otherwise,   are 
hereby  set  apart  and  shall  constitute  a  fund  for  the  payment  as 
hereinafter  provided   of  the   principal   and   interest   of  the   said 


STATE  OF  MONTANA.  61 

bonds,   which  shall  be  a  first  lien  on  said  state  normal  school 
bond  fund.     (Act  approved  March  15,  1895). 

781.  (Sec.   1660).     Interest  Warrants. — It  shall  be  the  duty 
of  the  state  treasurer  to  keep  all  moneys  derived  from  the  state 
normal  school  lands  hereinbefore  mentioned  in  a  separate  fund, 
to  be  known  and  designated  as  the  state  normal  sdhool  bond  fund, 
and  out  of  the  moneys  in  such  fund  he  shall  pay,  after  approval 
by  the  state  board  of  examiners,   (a)   the  cost  and  expense  of 
issuing  of  the   bonds   herein  provided   for,    (b)    the   interest  on 
the  bonds  herein  authorized,  when  due  and  (c)  when  such  bonds 
shall  become  payable,  he  shall  call  in  and  pay  them  as  rapidly  as 
the   money   in   such   fund   will   permit,   after  providing   for   the 
interest,  and  in  the  event  there  shall  not  be  sufficient  funds  in 
the  state  normal  school  bond  fund  to  pay  the  interest  when  due 
the  board  of  stat  j  examiners  shall,  by  an  order  entered  upon  their 
minutes,  cause  warrants  to  be  issued  on  the  state  normal  school 
bond  fund  for  the  amount  of  the  interest  due,  and  the  warrants 
so  issued  shall  draw  interest  at  the  rate  of  six  per  cent,  per 
annum ;  and  said  warrants  shall  be  paid  by  the  treasurer  as  soon 
as  sufficient  funds  accumulate  in  said  fund  to  pay  the  same ; 
and  by  reason  of  delivery  of  said  warrants  to  the  holders  of 
said  bonds  in  satisfaction  of  accrued  interest,  there  shall  be  no 
default  in  the  payment  of  interest.     (Act  approved  March   15, 

1895)- 

782.  (Sec.  1661.)     Advertisement  of  Sale  of  Bonds. — It  shall 
be  the  duty  of  the  state  treasurer  to  give  notice  by  advertising 
for  not  less  than  two  insertions  in  one  newspaper  published  in 
the  city  of  Helena,  Montana,  and  in  one  newspaper  published  in 
the  city  of  New  York,  N.  Y.,  that  he  will  on  the  second  day  of 
April,  1895,  sell  fifty  thousand  dollars  of  the  bonds  herein  author- 
ized, and  will  receive  bids  therefor,  and  said  bonds  shall  on  said 
day  be  by  him  sold  to  the  highest  bidder.     If  no  satisfactory 
bids  are  then  received,  said  bonds  may  then  be  re-advertised  or 
may  be  sold  afterwards  at  private  sale;  Provided,  however,  that 
none  of  said  bonds  shall  at  any  time  be  sold  at  less  than  par. 
(Act  approved  March  15,  1895). 

783.  (Sec.   1662.)      Disposition  of    Proceeds    of    Bonds. — The 
money  derived  from  the  sale  of  said  bonds  shall  be  used  to  erect 
furnish  and  equip  buildings  for  the  use  and  benefit  of  the  state 
normal  school  of  the  state  of  Montana,  at  the  city  of  Dillon,  in 
said  state.     (Act  approved  March  15,  1895.) 


62  GENERAL  SCHOOL  LAW 

784.  (Sec.   1663.)     Buildings  of    School. — Immediately    upon 
receipt  of  the  money,   the  proceeds  of  the  sale  of  said  bonds, 
the  state  treasurer  shall  turn  over  the  same  to  the  treasurer  of 
the  state  normal  school,  and  it  shall  be  disbursed  by  him,  on 
orders  of  the  executive  board  of  the  said  state  normal  school,  in 
the  erection  and  furnishing-  of  a  suitable  building  or  buildings  for 
the  use  and  benefit  of  the  state  normal  school,  upon  plans  and 
specifications  first  submitted  to  and  approved  by  the  state  board 
of  education ;  Provided,  however,  that  the  general   supervision 
of  the  construction  and  erection  of  such  building  or  buildings 
and   the   furnishing  and   equipping  thereof   shall   be   under   the 
control  of  the  state  board  of  education,  upon  plans  and  estimates 
first  submitted  to  and  approved  by  the  state  board  of  education. 
(Act  approved  March  15,  1895). 

785.  (Sec.   1664.)     State  not  Liable  on  Bonds. — Nothing  in 
this  act  shall  be  so  construed  as  to  in  any  way  hold  the  state  of 
Montana  liable  for  the  payment  of  the  bonds  herein  authorized, 
or  the  interest  thereon.     (Act  approved  March  15,  1895). 

Section  786.  The  state  board  of  land  commissioners  is  hereby 
authorized  and  required  to  invest  and  keep  invested  all  moneys 
belonging  to  the  permanent  normal  school  fund,  in  any  state, 
county,  city  or  school  district  securities  of  this  state,  and  in 
any  state  capitol  building  bonds  now  issued  or  which  may  be 
hereafter  issued,  and  in  first  mortgages  on  farm  land  in  this  state, 
as  provided  in  Section  2196  as  herein  amended,  which  in  its 
judgment  is  safe  investment.  The-  board  may  make  its  bids  for 
any  of  state  securities  in  the  same  manner  as  private  persons, 
and  under  no  restrictions  other  than  those  imposed  upon  private 
persons  seeking  •investments  herein.  (Act  approved  March  4, 
1909.) 

787.  Same. — That  the  state  board  of  land  commissioners  of 
the  State  of  Montana  may,  and  they  are  hereby  directed  and 
authorized  to  invest  any  and  all  sums  of  money  now  in  the  state 
normal  school  bond  fund  not  necessary  for  the  payment  of  in- 
terest .on  bonds  outstanding  against  said  fund,  in  such  securities, 
at  such  rate  of  interest,  for  such  time,  and  under  such  conditions 
as  such  board  may  deem  advisable.     (Act  approved   March   5, 
1903,  Sec.  i).     (8th  Sess.  Chap.  91). 

788.  Redemption  of  Bonds. — That  said   board  be,  and   it   is 
hereby  authorized  and   directed  to  use  and  apply  any  and   all 
moneys  in  said  bond  fund  as  may  be  deemed  advisable  and  not 


OF  MO: 

necessary  for  the  payment  of  interest  on  bonds  outstanding 
against  said  fund,  to  the  purchase  and  redemption  of  all  or  any 
of  such  bonds  heretofore  issued  and  now  outstanding  against 
said  fund,  which  can  be  purchased  at  a  fair  and  satisfactory 
price,  and  before  the  period  when  said  bond  shall  become  due 
and  payable  by  operation  of  law,  and  to  pay  for  said  bond  such 
premium,  or  sums,  in  addition  to  the  par  value  of  same  as  such 
board  may,  in  their  discretion  deem  for  the  best  interests  of  said 
fund.  Provided,  that  said  board  shall  at  no  time  pay,  or  cause 
to  be  paid  for  said  outstanding  bonds  or  any  thereof,  a  sum 
larger  than  the  par  value  thereof  and  the  interest  yet  to  accrue 
thereon  in  addition  to  the  said  par  value.  (Act  approved  March 
5th,  1903,  Sec.  2).  (8th  Sess.  Chap.  91). 

789.  Duty  of  Auditor. — The  state  auditor  is  hereby  authorized 
and  directed  to  draw  his  warrants  on  the  said  bond  fund  for  the 
payment  of  any  and  all  of  said  bonds  so  purchased  by  reason 
thereof.     (Act  approved  March  5th,   1903,  Sec.  3).     (8th  Sess. 
Chap.  91). 

790.  Securities,  How  Paid  For. — Whenever  the  board  has  pur- 
chased any  securities  as  provided  in  Section  I  of  this  Act  (Sec. 
786.)  and  the  same  are  duly  executed  and  delivered  to  the  Presi- 
dent of  the  board,  the  board  shall  direct  the  state  auditor  to  draw 
his   warrant  upon  the  state  treasurer  for  the  amount  thereof,, 
specifying  the  fund  upon  which  and  the  person  in  whose  favor 
the  said  warrant  shall  be  drawn,  whereupon  the  state  auditor 
shall  draw  a  warrant  upon  the  state  treasurer  accordingly,  which 
warant  shall  be  delivered  to  the  president  of  the  state  board  of 
land  commissioners  and  shall  be  paid  by  the  state  treasurer  upon 
the  delivery  to  him  of  the  purchase  securities ;  provided  that  the 
state  treasurer  shall  purchase  interest  bearing  warrants  issued 
against  any  fund  whenever  ordered  so  to  do  by  the  state  board 
of  land  commissioners.     (Act  approved  March  3d,  1903,  Sec  2). 
(8th  Sess.  Chap.  47). 


SENATE  BILL  73. 
Investment  of  permanent  funds  of  state  normal  school. 
State  board  of  land  commissioners  may  make  bids. 
Permanent    school    and    permanent    university    fund,    how    invested. 
Mortgages  on  farm  lands. 
Board  of  land  commissioners  may  appoint  appraisers  of  lands. 


64  GENERAL  SCHOOL  LAW 

Term  for  which  mortgage  shall  run. 
Interest. 

Payment  of  principal  and  interest  of  mortgages  in  installments. 
Kind  of  landis  upon   which  mortgage  loans     may   be  made   and   to 
w,hat  persons. 

When  mortgages  may  be  (satisfied. 

Abstracts. 

Attorney  general   shall   examine   abstracts. 

Costs  of  appraisement. 

An  Act  to  amend  Sections  786  and  2196  and  2197  of  the 
Revised  Codes  of  the  State  of  Montana  of  1907,  concerning  the 
investment  of  the  funds  of  the  state  normal  school,  permanent 
university  funds,  permanent  agricultural  college  funds  and  per- 
manent school  funds. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana. 

Section  I.  That  Section  786  of  the  Revised  Codes  of  the  State 
of  Montana  of  1907,  be,  and  the  same  is  hereby  amended  so  as 
to  read  as  follows : 

Section  786.  The  state  board  of  land  commissioners  is  hereby 
authorized  and  required  to  invest  and  keep  invested  all  moneys 
belonging  to  the  permanent  normal  school  fund,  in  any  state, 
county,  city  or  school  district  securities  of  this  state,  and  in  any 
state  capitol  building  bonds  now  issued  or  which  may  be  here- 
after issued,  and  in  first  mortgages  on  farm  land  in  this  state, 
as  provided  in  section  2196  as  herein  amended,  which  in  its 
judgment  is  safe  investment.  The  board  may  make  its  bids  for 
any  of  state  securities  in  the  same  manner  as  private  persons, 
and  under  no  restrictions  other  than  those  imposed  upon  private 
persons  seeking  investments  herein. 

Section  II.  That  Section  2196  of  the  Revised  Codes  of  the 
state  of  Montana  of  1907  be,  and  the  same  is  hereby  amended 
so  as  to  read  as  follows. 

Section  2196.  All  moneys  belonging  to  the  permanent  school 
and  permanent  university  funds  must  be  invested : 

First.  In  bonds  of  the  State  of  Montana  or  of  the  United 
States. 

Second.  In  interest  bearing  warrants  upon  the  general  fund 
of  the  state. 

Third.  In  such  bonds  of  the  several  counties  and  cities  of 
the  state  as  the  board  deems  most  safe  and  secure. 

Fourth.     In  bonds  of  school  districts  within  the  State  of  Mon- 


STATE  OF  MONTANA. 


65 


provided,  that  before  any  such  moneys  are  so  invested, 
*  he  board  must  be  satisfied  that  the  bonds,  so  as  to  be  negotiated 
;.re  the  only  bonds  issued  by  the  school  district,  and  that  the 
outstanding  indebtedness  of  such  district  does  not  exceed,  three 
>er  cent  upon  valuation  of  the  property  within  it. 

Fifth.  In  any  state  capitol  building  bonds  of  the  State  of 
vlontana,  now  issued,  or  which  may  be  hereafter  issued. 

Sixth.  In  first  mortgages  on  farm  lands  in  the  state,  not  ex- 
reeding  in  amount  one-third  (*/j)  of  the  actual  value  of  any  sub- 
iivision  on  which  the  same  may  be  loaned,  such  value  to  be  de- 
:ermined  by  the  state  board  of  land  commissioners,  who  may 
ippoint  appraisers  for  said  purpose,  as  in  cases  of  appraisements 
}f  state  lands.  The  first  mortgages  on  farm  lands,  and  each  of 
them  shall  run  for  a  period  of  not  exceeding  ten  (10)  years,  and 
the  funds  so  invested  shall  draw  interest  at  the  rate  of  six  per- 
cent (6% )  per  annum;  said  interest  together  with  ten  per  centum 
of  the  whole  amount  of  the  principal  shall  be  paid  in  annual 
installments,  and  the  interest  when  paid  shall  be  converted  into 

•  and  become  a  part  of  the  funds  of  such  institution. 
Such  first  mortgage  loans  shall  only  be  made  upon  cultivated 
lands  within  the  state  to  which  shall  be  appurtenant  a  sufficient 
water  right,  the  title  to  which  has  been  adjudicated  as  in  the 
owner  of  said  lands,  and  to  persons  who  are  actual  residents 
thereof,  and  in  no  case  on  lands  of  which  the  appraised  value  is 

I  less  than  ten  ($10.00)  dollars  an  acre.  Any  and  all  of  said  mort- 
gages which  run  for  a  greater  period  than  five  (5)  years  may  be 
satisfied  at  any  time  after  five  years  from  the  date  thereof,  upon 
the  payment  of  the  full  amount  due.  The  applicant  for  the  loan 
upon  any  farm  land,  shall  furnish  a  complete  and  satisfactory 
abstract,  at  his  own  expense,  of  the  title  of  both  the  land  and  the 
appurtenant  water  right  and  before  any  loan  is  made  the  attorney 
general  of  Montana  shall  examine  said  title,  and  if  he  shall  find 
title  resting  in  said  applicant,  he  shall  certify  the  same  to  the 
state  board  of  land  commissioners.  The  cost  of  appraising  such 
loan  shall  be  estimated  by  the  board  and  the  amount  of  said 
estimate  paid  by  the  applicant  to  the  state  board  in  advance  of 
and  before  any  appraisement  of  such  land  shall  be  made. 
Section  III.  That  Section  2197  of  the  Revised  Code*  of  the 
tate  of  Montana  of  1907  be,  and  the  same  is  amended  so  as  to 
ad  as  follows: 
Section  2197:  That  the  state  board  of  land  commissioners  is 


66  GENERAL  SCHOOL  LAW 

hereby  authorized  and  required  to  invest  and  keep  invested  all 
moneys  belonging  to  the  permanent  school  fund,  and  permanent 
agricultural  college  fund  in  any  state,  county,  city  or  school 
district  securities  in  this  state,  or  in  any  state  capitol  building 
bonds  now  issued  or  which  may  be  hereafter  issued  and  in  such 
first  mortgages  on  farm  lands  in  the  state,  PS  provided  in,  and  in 
the  manner  set  forth  in  sub-section  6,  of  section  2196  herein, 
which  in  the  judgment  of  the  board  are  safe  investments. 

The  board  may  make  its  bids  for  any  of  said  securities  in  the 
same  manner  as  private  persons  and  under  no  restrictions  other 
than  those  imposed  upon  private  persons  seeking  investment 
herein. 

Section  IV.  This  Act  shall  take  effect  and  be  in  full  force  from 
and  after  its  passage  and  approval. 

Approved  March  4,  1909. 


CHAjPTER  VI. 

State  Text  Book  Commission. 

Section  791.     Appointment  of  state  text  book  commission. 

Section  792.     Organization   of   commission. 

Section  793.     Meeting  of   commission. 

Section  794.     Contracts  for  supplying  text  books. 

Section  795.     Selection  of  text  books. 

Section  796.     Contracts-  and  agreements. 

Section  797.     Bond  for  performance   of  contracts. 

Section  798.     Forfeiture  of  contract  for  non-performance. 

Section  799.     Price  list  of  books  to  be  printed  and  distributed. 

Section  800.     Penalty  for  using  other  than  selected  books. 

Section  801.    Annual  report  as  to  the  use  of  books. 

Section  802.     Election  upon   proposition   to   suuply   free   text   books. 

Section  803.     Special  levy  to  provide  free  text  books. 

'Section  804.  Compensation  of  text  book  commissioners. 
791.  Appointment  of  State  Text  Book  Commision. — The 
governor  is  hereby  authorized  to  nominate  and  appoint  a  state 
text  bok  commission  consisting  of  seven  members,  five  of  whom 
shall  be  persons  actively  engaged  in  the  common  public  school 
work  of  the  state  at  the  time  of  their  appointment.  The  terms 
of  three  members  of  said  commission  first  appointed  shall  be 
for  a  period  of  three  years  each,  and  the  terms  of  four  members 
of  said  commission  first  appointed  shall  be  for  a  period  of  five 
years  each ;  and  thereafter  at  the  expiration  of  the  respective 
terms  of  the  members  first  appointed  their  successors  shall  be 


STATIC  OF   .MONTANA. 


67 


ppointed  by  the  governor  for  a  term  of  five  years.  If  a  vacancy 
•ccurs  during  the  terms  of  any  of  the  members  of  said  commis- 
ion  by  reason  of  death,  resignation  or  otherwise,  the  governor 
hall  make  appointment  to  fill  such  vacancy  and  the  person  so 
ippointed  shall  hold  office  until  the  expiration  of  the  term  for 
vhich  the  person  he  succeeds  was  appointed.  (Act  approved 
Vlarch  7,  1907,  Sec.  i).  (loth  Sess.  Chap.  132). 

792.  Organization   of   Commission. — The   commission    at   its 
neeting    shall    organize    by    taking   the    constitutional    oath    of 

)ffice,  which  oath  shall  be  filed  in  the  office  of  the  secretary  of 

•  • 

itate,  electing  from  among  the  members  a  president  and  secretary 

md  formulating  rules  for  its.  government.  Five  members  shall 
:onstitute  a  quorum  for  the  transaction  of  all  business.  All 
votes  cast  for  or  against  the  adoption  of  any  text  book  shall  be 
recorded  in  the  minutes  of  the  commission,  together  with  the 
names  of  those  voting  for  or  against  such  adoption ;  Provided, 
that  all  meetings  shall  be  opened  to  the  public  and  that  said 
commission  must  make  a  full  report  to  the  governor  not  later 
than  the  first  Monday  in  November  next  preceding  any  regular 
or  special  meeting  of  the  Legislature.  (Act  approved  March  7, 
1907,  Sec.  2).  (loth  Sess.  Chap.  132). 

793.  Meetings  of  Commission. — The  state  text  book  commis- 
sion shall  meet  in  the  state  capitol  in  the  city  of  Helena,  on  the 
third  Monday  in  June,  1907,  and  every  five  years  thereafter  and 
the  president  of  said  commission  is  authorized  to  call  a  meeting 
thereof  on  the  first  Monday  of  October  next  preceding  the  ses- 
sions of  the  legislature,  if  in  his  opinion,  there  shall  be  business 
of  importance  to  transact.     He   must  also  on  ten  days'  notice 
to  the  members  to  be  given  by  the  secretary,  call  a  meeting  of 
the  commission  at  any  time  to  receive  proposals  and  to  enter 
into  contracts  with  publishers  for  supplying  text-books  whenever 
new   contracts   shall   become   necessary   by   reason   of   the   con- 
tracts for  certain  books  heretofore  entered  into  becoming  termi- 
nated by  recission  or  otherwise  ceasing  to  be  in  full  force  and 
effect,  and  to  adopt  additional  supplementary  books  whenever 
it  is  deemed  for  the  best  interests  of  the  schools  of  the  state. 
At  the  meeting  held  on  the  third   Monday  in  June,   1907,   and 
every  five  years  thereafter  the  commission  shall  adopt  a  uniform 
series  of  text  books  for  use  in  all  the  public  schools  of  the  state 
not  including  high  schools.     Said  commission  may  adjourn  from 

rom  day  to  day   until   it  shall  have  made  such  adoption,  pro- 


from   day 


68  GENERAL  SCHOOL  LAW 

vided  the  session  shall  not  continue  beyond  six  actual  days,  and 
nothing  herein  contained  shall  be  so  construed  as  to  have  any 
reference  to  Section  1030  (2000)  of  the  Political  Code  relating  to 
school  libraries,  but  said  section  shall  remain  in  full  force  and 
effect.  (Act  approved  March  7,  1907,  Sec  3).  (loth  Sess.  Chap. 


794.  Contracts  for  Supplying  Text  Books.  —  Beginning  with 
April  ist,  1907,  and  every  five  years  thereafter  in  which  a  full 
series  of  text-books  is  to  be  adopted  in  conformity  with  this 
Act,  the  superintendent  of  public  instruction  shall  advertise  for 
thirty  days  in  two  daily  newspapers  in  this  state  giving  notice 
that  the  text-book  commission  will  meet,  as  herein  provided,  and 
that  they  will  receive  sealed  proposals  up  to  twelve  o'clock 
noon,  of  said  third  Monday  in  June,  for  supplying  the  State  of 
Montana  with  a  series  of  basal  text-books  for  use  in  all  the 
public  schools  of  said  state,  for  a  period  of  five  years  from  and 
after  the  first  day  of  September  A.  D.  1907,  and  every  fifth  year 
thereafter,  in  the  following  branches  to-wit  :  Reading,  spelling, 
writing,  arithmetic,  geography  (elementary  and  advanced), 
language  and  grammar,  physiology  and  hygiene,  civil  govern- 
ment (state  and  national),  history  of  the  United  States  (ele- 
mentary and  advanced). 

Said  commission  are  hereby  empowered  to  adopt  such  othei 
text-book  supplementary  to  the  basal  text-books  above  referred 
to  as  they  may  deem  advisable.  Said  sealed  proposals  shall 
be  addressed  to  the  chairman  of  the  state  text-book  commission, 
Helena,  Montana,  and  shall  be  indorsed  "Sealed  proposals  for 
supplying  text-books  for  use  in  the  State  of  Montana."  Said 
proposals  shall  state  the  net  wholesale  price  at  which  the  pub- 
lishers whose  books  may  be  adopted  by  the  text-book  commis- 
sion, will  agree  to  deliver  the  same  in  the  city  of  Chicago,. 
Illinois,  F.  O.  B.,  to  merchants  in  Montana,  or  to  school  dis- 
tricts purchasing  the  same.  They  shall  also  state  the  exchange 
prices  for  new  books  adopted  in  exchange  for  the  old  books  in 
the  hands  of  the  pupils,  and  for  the  new  books  in  the 
hands  of  districts  or  dealers,  which  may  be  displaced,  grade 
for  grade  and  shall  further  state  the  retail  price  at  which  they 
will  keep  all  the  text-books  so  adopted  on  sale  uniformly  in 
at  least  one  place  in  each  county  throughout  the  state.  When- 
ever any  contract  shall  be  terminated  by  recession,  or  shall  other- 
wise cease  to  be  in  force  and  effect,  the  text-book  commission 


:: 


STATE  OF  MONTANA.  69 

h  hall,   within   ten   days   after  the   termination   of   such   contract 

c  dvertise  in  the  same  manner  and  for  the  same  length  of  time 

c  s  elsewhere  mentioned  in  this  section  for  proposals  to  furnish 

t  ixt-books  on  the  same  subjects  as  those  embraced  within  such 

«.  ontract  for  the  same  length  of  time  and  bids  shall  be  received 

i  i  the  same  manner  as  hereinbefore  provided.     The  publishers, 

ontracting  and  agreeing  to  supply  text-books  for  use  in   the 

>tate  of  Montana  under  provisions  of  this  Act,  shall  cause  to  be 

•repared  a  special  map  and  special  supplement  descriptive  of 

Montana  for  the  geography  adopted  by  said  commission.     They 

hall  also  cause  to  be  prepared  a  special  supplement  for  Montana 

or  the  civil  government  adopted,  which  supplement  shall  contain 

lot  less  than  thirty  pages.     They  shall  further  agree  to  main- 

ain   the   mechanical   excellence  of  the   books  adopted   by   said 

:ommission,   fully  equal   to  the   samples   submitted   in   binding, 

)rinting,  quality  of  paper,  and  other  essential  features,  and  the 

)ooks    shall    be   of   the   latest    revised    edition.     The    map    and 

special  descriptive  geography  of  Montana  shall  be  revised  every 

ive  years   by   the  publishers.     (Act   approved   March   7,    1907, 

Sec.  4).     (loth  Sess.  Chap.  132). 

795.  Selection  of  Text-Books. — It  shall  be  the  duty  of  said 
text-book  commission  to  meet  at  the  time  and  place  mentioned 
in  said  notice  and  open  sealed  proposals  in  the  presence  of  a 
quorum  of  said  commission  and  in  public  to  select  and  adopt 
such  text-books,  both  basal  and  supplementary,  for  use  in  all 
the  public  schools  of  this  state.  The  series  of  text-books,  so 
selected  and  adopted  by  .said  text-book  commission  shall  be  cer- 
tified by  the  chairman  and  secretary  and  said  certificate  with  a 
py  of  all  the  books  named  therein  shall  be  placed  on  file  in 
e  office  of  the  superintendent  of  public  instruction.  Such 
certificate  must  contain  a  complete  list  of  all  books  adopted  by 
said  commission,  giving  the  wholesale,  retail  and  exchange  prices 
for  which  each  kind  and  grade  will  be  furnished,  as  provided 
in  the  preceding  section,  and  the  name  of  the  publishers  con- 
tracting to  furnish  the  same.  The  said  books  named  in  said 
certificate  shall  for  a  period  of  five  years  from  and  after  the 
first  day  of  September  of  the  year  in  which  they  are  adopted 
be  used  in  all  public  schools  of  the  state  to  the  exclusion  of  all 
others.  And  in  the  case  of  any  text-book  whose  publication 
shall  not  have  been  completed  before  the  meeting  of  the  state 
t-book  commission,  it  shall  be  permissible  for  the  publishers 


text-book 


70  GENERAL  SCHOOL  LAW 

in  making  a  bid  to  file  with  the  commission  a  copy  of  the  manu- 
script of  such  text-book,  together  with  such  exhibits  as  will 
satisfactorily  illustrate  the  quality  of  paper,  typography  and 
binding  to  be  used  in  the  publication  of  such  text  book,  and  it 
shall  be  permissible  for  the  commission  to  adopt  such  text-book 
in  their  discretion,  the  same  as  in  the  case  of  any  text-book 
previously  published.  Provided,  that  nothing  in  any  part  of 
this  act  shall  be  so  construed  as  to  prevent  the  purchase  or  use 
by  any  person  or  district  of  any  supplementary  or  reference  books 
for  use  in  any  of  the  schools  of  the  state.  (Act  approved  March 
7th,  1907,  Sec.  5).  (loth  Sess.  Chap.  132). 

796.  Contracts  and  Agreements. — The  said  text-book  commis- 
sion shall  have  power  to  make  such  contracts  and  agreements 
for  the  use  and  supply  of  text-books  in  the  name  of  the  state 
as  they  shall  deem  necessary  for  the  best  interest  of  the  public 
schools  of  the   state,   and   shall   require   of  all   publishers   con- 
tracting and  agreeing  to  furnish  books  adopted  by  the  said  text- 
book commission  bonds  equal  in  amount  to  one-half  the  value 
of  the  books  to  be  furnished,  conditioned  that  upon  the  failure 
on  the  part  of  such  publishers  to  comply  with  the  terms  of  such 
contracts  or  any  part  thereof,  in  any  county  of  the  state,  upon 
notice  being  given  as  provided  for  herein,  said  bonds,  may,  be 
by  the  governor  of  the  State  of  Montana,  be  declared  forfeited, 
and  actions  brought  in  the  name  of  the  state  upon  such  bonds 
to  recover  the  full  amount  named  therein  which  amount  shall 
be  deemed  to  be  fixed  and  liquidated  damages  for  the  breach  of 
such  contracts;  Provided,  that  the  text-book  commission  may, 
at  their  discretion,  reject  any  and  all  proposals  if  it  be  deemed 
by  them  to  be  to  the  interest  of  the  state  so  to  do,  and  they 
shall  advertise  for  new  proposals,  stating  the  time  when  such  new 
proposals  will  be   received  by  them,  not  later,  however,  than 
thirty  days  from  the  rejection  of  the  first  proposals:     Provided, 
further,  that,  the  contract  price  of  such  books  shall  not  exceed 
the  lowest  wholesale  price  charged  for     the     same     books  in 
Chicago,   F.   O.   B.,  to  any  state   in  the  Uhited  States).     (Act 
approved  March  7,  1907,  Sec.  6).     (loth  Sess.  Chap.  132). 

797.  Bond  for  Performance  of  Contracts. — The  contract  with 
the  publishers  shall  take  effect  only  when  the  publishers  of  the 
books  adopted  by  the  said  text-book  commission  shall  have  filed 
with  the  secretary  of  state  their  bond,  with  at  least  two  sufficient 
sureties,  to  be  approved  by  the  governor  in  such  sum  as  shall 


STATE  OF  MONTANA.  71 

>e  determined,  by  said  text-book  commission,  conditioned,  that 
hey  shall  comply  with  the  terms  of  their  proposal  to  the  state 
ind  such  further  conditions  as  may  be  agreed  upon  between 
>aid  text-book  commission  and  the  publishers  contracting  with 
:he  state.  (Act  approved  March  7.  1907,  Sec.  7).  (loth  Sess. 
3hap.  132.) 

798.  Forfeiture  of  Contract  for  Non-Performance. — In   case 
the  publishers  of  the  books  adopted  by  the  said  text-book  com- 
mission shall  not  on  or  before  the  I5th  day  of  July,  A.  D.  of 
the  year  in  which  the  series  of  text-books  is  to  be  adopted  have 
filed  with  the  secretary  of  state  their  bond  as  hereinbefore  pro- 

•  vided,  or  in  case  they  shall  not  on  or  before  the  I5th  day  of  July, 
A.  D.  of  said  year  have  performed  all  the  obligations  of  their 
contracts  with  respect  to  the  exchange  and  introduction  of  books 
and  the  preparation  and  supply  of  the  special  maps,  and  the 
special  descriptive  matter  for  the  geography  so  adopted,  or  the 
special  supplement  for  the  civil  government,  or  in  case  they 
shall  at  any  time  thereafter  violate  or  fail  to  perform  any  of  the 
conditions  specified  in  their  bond  as  hereinbefore  provided  and 
shall  fail  within  reasonable  time  after  due  notice  has  been  given 
by  the  governor  to  make  good  their  guarantee  in  any  respect 
in  which  they  may  have  failed,  then  this  adoption  shall  become 
null  and  void.  The  said  text-books  adopted  by  the  said  text- 
book commission  under  this  Act  and  upon  compliance  of  the 
publishers  of  the  conditions  aforesaid  shall  continue  in  use  for 
the  period  of  five  years  from  the  first  day  of  September  of  the 
year  above  mentioned  to  the  exclusion  ot  ah  others  except  as 
herein  otherwise  provided.  (Act  approved  March  7,  1907,  Sec. 
t  8).  (loth  Sess.  Chap.  132). 

799.  Price  List  of  Books  to  be  Printed  and  Distributed. — 
Whenever  the  publishers  of  the  books  adopted  under  the  pro- 
visions of  this  bill  shall  have  filed  their  bonds  as  hereinbefore 
provided,   it  shall   be   the  duty  of  the   state  superintendent  of 
public  instruction  to  cause  all  prices  of  the  text-books  as  guar- 
anteed by  the  publishers  to  be  properly  printed  and  distributed 
through  the  county  superintendents  to  the  trustees  of  all  school 
districts  in  the  state  who  shall  cause  the  same  to  be  kept  con- 
stantly posted  in  a  conspicuous  place  in  each  school  room  in 
their  district  and  it  shall  be  the  duty  of  the  several  county  super- 
intendents to  keep  themselves  informed  as  to  whether  such  prices 

re  actually  maintained  by  the  said  publishers,  and  at  once  notify 


are  actua 


72  GENERAL  SCHOOL  LAW 

the  superintendent  of  public  instruction  of  any  violation  of  the 
contracts  entered  into  by  virtue  of  the  authority  contained  in. 
this  Act,  which  may  come  to  their  knowledge  and  it  shall  be 
the  duty  of  the  superintendent  of  public  instruction  to  promptly 
communicate  such  information  to  the  governor.  (Act  approved 
March  7,  1907,  Sec.  9)  (loth  Sess.  Chap.  132). 

800.  Penalty  for  Using  Other  Than  Selected  Books.— Any 
school  officer,  teacher  or  trustee,  who  shall  use  or  provide  for 
the  use  in  the  public  schools  of  the  state,  text-books  other  than 
those  adopted  by  the  said  text-book  commission,  except  as  here- 
in otherwise  provided,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dol- 
lars nor  more  than  one  hundred  dollars.     (Act  approved  March 
7,  1907,  Sec.  10).     (loth  Sess.  Chap.  132). 

801.  Annual  Report  as  to  the  Use  of  Books. — All   county 
superintendents  and  all  school  officers  are  charged  with  execu- 
tion of  this    law    and    the    county   school   superintendent   shall 
rcqture  cne  trustees  01  the  several  school  districts  or  the  clerks 
thereof,  to  report  annually  whether  or  not  the  authorized  text- 
books are  used  in  their  schools.     (Act  approved  March  7,  1907,  , 
Sec  n).     (loth  Sess.  Chap.  132). 

802.  Election  Upon  Proposition  to  Supply  Free  Text  Books. — 
Upon  the  petition  of  five  legal  voters  of  any  school  district  other 
than  in  incorporated  cities,  and  upon  petition  of  one  hundred 
legal  voters  in  incorporated  cities,  towns,  and  villages,  filed  with 
the  board  of  trustees  or  board  of  education,  it  shall  be  the  duty 
of  the  board  of  trustees  or  board  of  education  as  the  case  may  be 
to  notify  the  voters  of  such  school  district  that  an  election  "for" 
or  "against"  free  text-books  will  be  held  at  the  next  ensuing  . 
election  for  the  members  of  the.  board  of  trustees  or  board  of 
education,  and  the  ballots  to  such  effect  shall  be  received  and 
canvassed  at  such  election  and  if  a  majority  of  all  the  votes  cast 
in  the  district  shall  be  found  to  be  in  favor  of  free  text-books 
it  shall  be  the  duty  of  the  board  of  trustees  or  board  of  edu- 
cation as  the  case  may  be,  to  purchase  at  the  expense  of  such 
district   all    the   text-books   required   for   use   of   all   the   pupils 
attending   school   in   such   school   district,   and   said   text-books 
shall  be  loaned  to  the  pupils  of  said  public  schools,  free  of  charge, 
subject  to  such  rules  and  regulations  as  to  care  and  custody,  as 
the  board  of  trustees  or  board  of  education  shal  prescribe ;  Pro- 
vided, that  the  pupils  may  purchase  at  cost  any  of  the  text-books 


STATE  OF  MONTANA.  73 

>o  furnished,  when  desired  by  them.  Provided,  that  the  question 
D£  free  text-books  shall  be  submitted  to  a  vote  in  every  school 
district  in  the  state  at  the  regular  election  held  on  the  first 
Saturday  of  April,  1907,  or  any  year  thereafter  without  petition 
as  hereinbefore  provided  for,  and  the  notice  of  such  election 
must,  in  addition  to  the  other  matters  required  by  law,  contain 
a  statement  of  the  fact  that  the  question  of  free  text-books  will 
be  voted  upon  at  such  election.  (Act  approved  March  7,  1907, 
Sec.  12).  (loth  Sess.  Chap.  132). 

803.  Special  Levy  to  Provide  Free  Text  Books. — That  for  the 
purpose  of  raising  money  to  pay  for  school  books,  which  may 
be  furnished  to  pupils  free  by  any  district  adopting  free  text- 
books a  special  levy  upon  the  taxable  property  of  such  district, 
shall  be  made  by  the  county  commissioners  of  the  county  on 
estimates  furnished  by  the  school  trustees  of  the  district,  if  the 
money  received  from  the  general  fund  from  the  district  be  in- 
sufficient and  said  levy  shall  be  made  within  thirty  days  from 
and  after  the  adoption  of  said  free  text-books  in  any  district 
that  has  by  majority  vote  adopted  the  same,  and  when  made 
the  tax  levied  shall  be  collected  in  the  same  manner  as  other 
taxes  are  collected ;  Provided,  further,  that  any  district  that  shall 
furnish  free  text-books  shall  have  the  right,  through  its  board 
of  trustees,  to  adopt  supplementary  books  within  the  meaning  of 
this  Act  and  provided  that  this  adoption  has  been  authorized 
by  a  two-thirds  vote  of  the  trustees  of  said  district.     (Act  ap- 
proved March  7,   1907,  Sec.  13). 

804.  Compensation  of  Text-Book  Commissioners. — The  mem- 
bers of  said  text-book  commission  provided  for  by  this  Act,  shall 
receive  the  sum  of  $6.00  per  diem  for  each  day  necessarily  en- 
gaged in  transacting  business  and  while  in  session,  and  actual 
traveling  expenses ;  and  there  is  hereby  appropriated  the  sum  of 
one  thousand  dollars  per  year,  or  so  much  thereof  as  may  be 
necessary   to   carry   out  the  provisions   of  this  Act ;   Provided, 
that  said  commission  shall  not  be  in  session  more  than  ten  days 
in  any  one  year.     (Act  approved  March  7,  1907,  Sec.  14).     (loth 
Sess.  Chap.  132). 


74 


GENERAL  SCHOOL  LAW 


Article 

I. 

Article 

II. 

Article 

III. 

Article 

IV. 

Article 

V. 

Article 

VI. 

Article 

VII. 

Article 

VIII. 

Article 

IX. 

Article 

X. 

Article 

XL 

Article 

XII. 

Article  XIII. 
Article  XIV. 
Article  XV. 
Article  XVI. 
Article  XVII. 
Article  XVIII. 
Article  XIX. 
Article  XX. 
Article  XXI. 
Article  XXII. 
Article  XXIII. 
Article  XXIV. 


CHAPTER  VII. 
Superintendent  of  Public  Instruction. 
County  Superintendent  of  Schools. 
School  Districts. 
Election  of  School  Trustees. 
Board  of  Trustees. 
District  Clerks. 
Teachers. 
Schools. 
Pupils. 

Free  County  High  Schools. 
Duties  of  County  Trearurer. 
Duties  of  County  Clerk,  Clerk  of  District  Court  and 

the  Justices:  of  the  Peace. 
Teachers'  Institutes. 
Examinations  and  Certificates. 
Compulsory  Attendance. 
Industrial  Schools. 
City   Superintendent    of    Schools. 
School  Funds. 
Bonds. 
Vacancies. 
Tree  Planting. 
Pioneer  Day. 
School  Libraries. 
Miscellaneous. 

ARTICLE  I. 


Superintendent   of  Public   Instruction. 

Section  805.     Election,  qualification,  oath  and  bond. 
Duties. 

General  powers. 
Duty.    Blanks. 

Examinations. 

Course  of  study. 

Institute  rules. 

Coutnty    superintendents. 

Records. 

School  laws. 

Seal. 

Institutes. 

Reports. 


Section  806. 
Section  807. 
Section  808. 
Section  809. 
Section  810. 
Section  811. 
Section  812. 
Section  813. 
Section  814. 
Section  815. 
Section  816. 
Section  817. 
Section  818. 
Section  819. 
Section  820. 
Section  821. 
Section  822. 


Same. 

Same. 

Same. 

Same. 

Same. 

Same. 

Same. 

Same. 

Same. 

Same. 

Apportionment  of  school  fund. 

Clerk.     Salary. 

Salary  of  superintendent  of  public  instruction. 

Expenses. 


805.     (Sec.  1700).     Election,  Qualification,  Oath  and  Bond. — 


STATE  OF  MONTANA.  75 

There  shall  be  chosen  by  the  qualified  electors  of  the  state,  at 
the  time  and  place  of  voting  for  members  of  the  legislature, 
a  superintendent  of  public  instruction,  who  shall  have  attained 
the  age  of  thirty  years  at  the  time  of  his  election,  and  shall 
have  resided  within  the  state  two  years  next  preceding  his  elec- 
tion, and  is  the  holder  of  a  state  certificate  of  the  highest  grade, 
issued  in  some  state,  or  is  a  graduate  of  some  reputable 
university,  college  or  normal  school.  He  shall  hold  his  office 
at  the  seat  of  government,  for  the  term  of  four  years  from  the 
first  Monday  in  January  following  his  election,  and  until  his 
successor  is  elected  and  qualified.  Before  entering  upon  his 
duties  he  shall  take  the  oath  of  civil  officer  and  give  a  bond  in 
the  penal  sum  of  ten  thousand  dollars,  with  not  less  than  two 
sureties,  to  be  approved  by  the  governor  and  attorney  general. 
(Act  approved  March  n,  1895). 

806.  (Sec.  1701.)     Duties. — The  superintendent  shall  preserve 
in  his  office  all  books,  maps,  charts,  works  on  education,  school 
reports  and  school  laws  of  other  states  and  cities,  plans  for  school 
buildings    and    other    articles-  of  educational  interest  and  value 
which  may  come  into  his  possession  as  such  officer,  and  at  the 
•expiration  of  his  term  shall  deliver  them,  together  with  the  re- 
ports, statements,  records  and  archives  of  his  office  to  his  suc- 
cessor.    (Act  approved   March   n,   1895). 

807.  (Sec.  1702.)     General  Powers. — He  shall  have  the  gen- 
eral supervision  of  the  public  schools  of  the  state.     (A<ct  ap- 
proved March  11,  1895). 

808.  (Sec.   1703.)        Duty.     Blanks. — He  shall  cause  to  be 
printed,  and  furnished  to  the  proper  officers  or  persons  all  school 
registers,    reports,    statements,    notices   and   blanks   for   returns 
needed  or  required  to  be  used  in  the  schools  or  by  the  school 
officers,  in  the  state.     He  shall  prepare  and  furnish  to  school 
-officers,  through  the  county  superintendents,  lists  of  publications 
approved  by  him  as  suitable  for  school  libraries;  such  lists  shall 
contain  also  the  lowest  price  at  which  such  publication  can  be 
purchased,  and  the  terms.       He  shall  also  prescribe  rules  and 
instructions  for  the  proper  care  and  use  of  school  libraries  and 
such  other  information  relative  thereto  as  he  shall  think  need- 
ful.    (Act  approved  March  u,  1895); 

809.  (Sec.  1704.)  Same.     Examinations. — He  shall  prepare  all 
questions  to  be  used  in  the     examination     of     applicants     for 
teachers'  county  certificates,  and  prescribe  the  rules  and  regula- 


zeacners 


76  GENERAL  SCHOOL  LAW 

tions  for  conducting  all  such     examinations.      (Act     approved 
March  n,  1895). 

810.  (Sec.   1705.)     Same.     Course  of  Study. — He  shall  pre- 
pare and  prescribe  a  course  of  study  for  all  the  public  schools 
of  the  state.     (Act  approved  March  n,  1895). 

811.  (1706.)       Same.     Institute  Rules. — He    shall    prescribe 
rules    and    regulations    for   the   holding   of   teachers'    institutes. 
(Act  approved  March   n,   1895). 

812.  (Sec.    '1707.)      Same.     County    Superintendents. — He 
shall  counsel  with  and  advise  county  superintendents  upon  all 
matters  involving  the  welfare  of  the  schools ;  he  shall,  when  re- 
quested, give  them  written  answers  to  all  questions  concerning 
the  school  law.     He  shall  decide  all  appeals  from  the  decision 
of  the  county  superintendent,  and  may  for  such  decision,  require 
affidavits,  verified  statements  or  sworn  testimony  as  to  the  facts 
in  issue.     He  shall  prescribe  and  cause  to  be  enforced  rules  of 
practice  and  regulations  pertaining  to  the  hearing  and  determ- 
ining of  appeals,  and  necessary  for  carrying  into  effect  the  school 
laws  of  the  state.     (Act  approved  March  n,  1895). 

813.  (Sec.  1708.)     Same.     Records. — He  shall  keep  a  record 
of  his  official  acts,  and  shall  file  in  his  office  all  appeals  and 
papers  pertaining  thereto.     (Act  approved  March  n,  1895). 

814.  (Sec.    1709.)     Same.     School  Laws. — He  shall  at  least 
once  in  four  years  cause  to  be  printed  the  school  laws  of  the 
state,  with  such  notes  and  decisions  thereon  as  may  seem  to  him 
advisable  and  shall  furnish  them  as  they  are  needed  to  the  school 
officers  in  the  state.     (Act  approved  March  n,  1895.) 

815.  (Sec.   1710.)     Same.     Seal. — He  shall  provide  and  keep 
a  seal,  which  shall  be  the  official  seal  of  the  state  superintendent 
of  public  instruction,  and  by  which  all  of  his  official  acts  may  be 
authenticated.     (Act  approved   March   u,   1895). 

816.  Same.       Institutes. — He   shall   attend     and     assist     at 
teachers'  institutes  and  aid,  and  encourage  generally,  teachers  in 
qualifying  themselves  for  the  successful  discharge  of  their  duties. 
He  shall  also  as  far  as  he  shall  find  practicable  address  public 
assemblies   on  subjects  pertaining  to  public  schools,  and  shall 
labor  faithfully  in  all  practicable  ways  for  the  welfare  of  the 
public  schools  of  the  state  and  shall  perform  such  other  duties 
as  shall  be  required  of  him  by  the  law.     (Act  approved  March 
8th,  1897,  Sec.  i).     (5th  Sess.  129). 

817.  (Sec.  1712.)     Same.     Report. — He  shall  on  or  before  the 


STATE  OF  MONTANA.  77 

first  day  of  December  preceding  the  biennial  session  of  the 
legislative  assembly,  make  and  transmit  to  the  governor  a  report 
showing: 

1.  The  number  of  school  districts,  schools,  teachers  employed 
and   pupils   taught   therein,   and   the   attendance   of  pupils   and 
studies  pursued  by  them. 

2.  The  financial  condition -of  the  schools,  their  receipts  and 
expenditures,  value  of  school  houses  and  property,  cost  of  tuition 
and  wages  of  teachers. 

3.  The  condition,  educational  and  financial,  of  the  Normal  and 
higher  institutions  connected  with  the  school  system  of  the  state, 
and,   as   far  as   it   can   be   ascertained,   of  the   private   schools, 
academies  and  colleges  of  the  state. 

4.  Such  general  matters,  information  and  recommendations 
relating  to  the  educational  interest  of  the  state  as  he  may  deem 
important.     (Act  approved   March    n,   1895). 

818.  (Sec.  1713.)     Same. — Fifteen  hundred  copies  of  the  re- 
port of  the  superintendent  of  public  instruction  shall  be  printed 
biennially,  in  the  month  of  December  preceding  the  session  of 
the  legislative  assembly.      Two  copies  shall  be  furnished  to  each 
of  the  members  of  the  legislative  assembly,  one  copy  to  each 
county  superintendent  of  the  state,  one  copy  to  the  clerk  of  each 
school  board,  two  to  each  state  officer,  one  to  each  state  and 
territorial  superintendent;  fifty  copies  shall  be  filed  in  the  office 
of  the  superintendent  of  public  instruction  and  ten  in  the  state 
historical  library.     The  balance  shall  be  distributed  among  the 
various    college,   university   and   other   libraries   of   the   United 
States.     (Act  approved  March  n,  1895). 

819.  (Sec.  1714).     Apportionment  of  School  Fund. — He  shall, 
between  the  first  and  tenth  days  of  February  of  each  year,  ap- 
portion the  state  school  fund  among  the  several  counties  of  the 
state,  in  proportion  to  the  number  of  children  of  school  age  in 
each  as  shown  by  the  last  enumeration  authorized  by  law.     It 
shall  be  the  duty  of  the  state  board  of  land  commissioners  to 
notify  the  state  auditor  on  or  before  the  tenth  day  of  January 
of  each  year,  the  amount  of  the  state  school  fund  subject  to 
apportionment;  and  the  said  auditor  immediately  upon  receipt 
of  such  notification  shall  issue  his  warrant  on  the  state  treasurer 
for  the  said  amount.     Thereupon  the  state  treasurer  shall  certify 
said  apportionment  to  the  several  county  treasurers  not  later  than 
the  first  Monday  in  March;  Provided,  that  the  several  county 


78  GENERAL  SCHOOL  LAW 

treasurers  have  fully  complied  with  Sec.  183  of  "An  Act  con- 
cerning revenue,"  approved  March  6,  1891,  in  which  case  the 
county  treasurers,  upon  receiving  notice  from  the  state  treasurer 
of  the  amounts  due  their  counties  from  the  state  school  fund, 
may  deduct  said  amount  from  the  amount  found  due  the  state 
by  their  counties  and  remit  the  balance  to  the  state  treasurer. 
The  superintendent  of  public  instruction  shall  certify  to  the 
county  superintendent  of  schools  of  each  county,  the  amount 
apportioned  to  that  county.  (Act  approved  March  n,  1895.) 

State  v.  Cave,  20  Mont.  473;  52  Pac.  202.  The  superintendent  of 
public  instruction  is  required  to  apportion  the  s£ate  school 
funds  among  the  counties  in  proportion  to  the  number  of 
children  of  school  age  in  each  county. 

Jay  v.  School  District,  24  Mont.  228;  61  Pac.  253.  The  moneys 
derived  from  interest  on  the  state  school  fund,  and  other 
sources1,  controlled  by  the  state,  are  apportioned  to  the 
counties,  and  the  amount  falling  to  each  county  is  made 
available  for  school  purposes  not  later  than  February  10th 
of  each  year. 

820.  (Sec.     1715.)     Clerk.     Salary. — The    superintendent    of 
public  instruction  shall  have  power  to  appoint  one  clerk,  who 
shall  receive  an  annual   salary  of  fifteen  hundred   dollars,   and 
shall  perform  such  duties  pertaining  to  the  office  as  the  superin- 
tendent  may  direct.     Said   clerk   shall   also  perform   the   duties 
of  clerk  of  the  state  board  of  education.     (Act  approved  March 
n,  1895). 

821.  Salary  of  Superintendent    of    Public    Instruction. — The 
annual  salary  of  the  superintendent  of  public  instruction,  for  all 
services   now  required   of  him   or  which  may  hereafter  be   de- 
volved upon  him  by  law,  is  three  thousand  dollars.     He  shall 
also   be   paid   his   traveling   expenses,   actually   and    necessarily 
incurred  in  the  discharge  of  his  duties,  not  to  exceed  five  hun- 
dred dollars  in  any  one  year.  (Act  approved  March  6,  1907,  Sec. 
2).     (loth  Sess.  Chap.  116). 

822.  (Sec.  1717).       Expenses. — All  necessary  expenditures  of 
money  incurred  by  the  superintendent  of  public  instruction  for 
postage,  stationery,,  printing  and  expressage,  not  exceeding  two 
hundred  and  fifty  dollars  in  any  one  year,  shall  be  paid  by  the 
state.     (Act  approved  March  n,  1895). 


STATE  OF  MONTANA.  19 

ARTICLE   II. 

County  Superintendent  of   Schools. 

Section  823.  Election.     Term     Oath.     Bond. 

Section  824.  General   powers. 

Section  825.  Duty.    Visiting  schools. 

Section  826.  Same.     Blanks. 

Section  827.  Same.     Record. 

I          Section  828.  Same,     controversies. 

Section  829.  May  administer  oaths. 

Section  830.  Apportionment  of  school  moneys;  warrants. 

Section  831.  Preside  at  institutes. 

Section  832.  May  issue  temporary  certificates. 

Section  833.  Annual  report. 

Section  834.  Boundaries  of  school  districts. 

Section  835.  Expenses  of  office. 

Section  83G.  Must  not  teach. 

Section  837.  Qualifications. 

Section  838.  Census    to    be   transmitted    to    bureau    of    agriculture, 
labor  and  industry. 

823.  (Sec.   1730.)       Election.       Term.       Oath.     Bond. — A 

county  superintendent  of  schools  shall  be  elected  in  each  organ- 
ized county  in  this  state  at  the  general  election  preceding  the 
expiration  of  the  term  of  office  of  the  present  incumbent,  and 
every  two  years  thereafter,  who  shall  take  office  on  the  first 
Monday  in  January  next  succeeding  his  election,  and  hold  for 
two  years  or  until  his  successor  is  elected  and  qualified.  The 
person  so  elected  shall  take  the  oath  or  affirmation  of  office,  and 
shall  give  an  official  bond  to  the  county  in  a  sum  to  be  fixed  by 
the  board  of  county  commisisoners  of  said  county.  The  county 
commissioners  of  any  county,  shall,  by  appointment,  fill  any 
vacancy  that  may  occur  in  the  office  of  county  superintendent, 
until  the  next  general  election ;  Provided,  that  all  persons  other- 
wise qualified  shall  be  eligible  to  the  office  of  the  county  super- 
intendent of  common  schools  without  regard  to  sex.  (Act  ap- 
proved March  11,  1895). 

824.  (Sec.  1713.)     General    Powers. — The     county    superin- 
tendent shall  have  the  general  supervision  of  the  public  schools 
in  his  county.     (Act  approved  March  n,  1895). 

Section  825.  He  shall  visit  every  public  school  under  his 
supervision  at  least  once  each  official  year,  and  oftener  if  he  shall 
deem  it  necessary  to  increase  its  usefulness.  He  shall  at  such 
visits  carefully  observe  the  conditions  of  the  school,  the  mental 
and  moral  instruction  given,  the  teacher's  ability,  and  progress 


80  GENERAL  SCHOOL  LAW 

of  the  pupils.  He  shall  advise  and  direct  the  teacher  in  regard 
to  the  instruction,  classification,  government  and  discipline  of  the 
school  and  the  course  of  study.  He  shall  keep  a  record  of  such 
visits  and  by  memoranda  indicate  his  judgment  of  the  teacher's 
ability  to  teach  and  govern,  and  the  condition  and  progress  of 
the  school,  which  shall  be  open  to  inspection  to  any  school 
trustee.  During  his  visits  to  the  schools  of  his  county  the  county 
superintendent  shall  consult  with  the  trustees  and  clerks  of  all 
school  districts  upon  all  matters  relating  to  the  good  and  welfare 
of  their  schools  and  shall  instruct  them,  whenever  necessary,  in 
their  duties  relating  to  the  reports  to  be  made  out  by  them  and 
forwarded  to  him  annually  as  the  law  requires.  (Act  approved 
March  6,  1909). 

826.  (Sec.  1733.)     Same.     Blanks. — He  shall  carry  into  effect 
all  instructions  of  the  state  superintendent  given     within     his 
authority.       He  shall  distribute  to  the  proper  officers  and  to 
teachers  all  blanks  furnished  by  the  state  superintendent  and 
needed   by   such   officers  and   teachers.     (Act  approved   March 
n,  1895). 

827.  (Sec.    1734.)     Same.     Record. — He  shall  keep  a  record 
of  his  official  acts.     He  shall  preserve  all  books,  maps,  charts 
and  apparatus  sent  him  as  a  school  officer,  or  belonging  to  his 
office.       He  shall  file  all  reports  and  statements  from  teachers 
and  school  boards  and  shall  turn  them  over  to  his  successor  in 
office.     (Act  approved  March  n,  1895). 

828.  (Sec.  1735.)     Same.     Controversies. — He  shall  decide  all 
matters  in  controversy  arising  in  his  county  in  the  administra- 
tion of  the  school  law  or  appealed  to  him  from  the  decisions  of 
school  officers  or  boards.     An  appeal  may  be  taken  from  his  de- 
cision, in  which  case  full  written  statement  of  the  facts,  together 
with  the  testimony  and  his  decision  in  the  case,  shall  be  certified 
to  the  state  superintendent  for  his  decision  in  the  matter,  which 
decision  shall  be  final,  subject  to  adjudication  or  the  proper  legal 
remedies  in  the  state  courts.     (Act  approved  March  n,  1895). 

829.  (Sec,    1736.)     May     Administer      Oaths. — The    county 
superintendent  shall  have  power  to  administer  oaths  of  office  to 
all  subordinate  school  officers  and  to  witnesses,  and  to  examine 
them  under  oath  in  case  of  appeal,  of  revoking  the  certificate  of 
a  teacher  and  in  all  controversies  and  questions  arising  in  the 
administration  of  the  school  laws  brought  or  coming  before  him 
for  opinion,  order  or  decision ;  but  he  shall  not  receive  pay  for 


STATE  OF  MONTANA.  81 

r  dministering  such  oaths.     (Act  approved  March  n,  1895). 

830.  Apportionment  of  School  Moneys;  Warrants. — The 
v  Dunty  superintendent  shall  apportion  all  school  moneys  to  the 
,-chool  districts  in  accordance  with  the  provisions  of  this  title 
<  uarterly,  and  he  may  make  apportionments  at  such  other  time 
.  s  may  be  required  or  deemed  necessary  for  the  convenience  of 

*chool  officers.  He  shall  certify  to  the  several  district  clerks  and 
ounty  treasurers  the  amount  so  apportioned  to  the  several  dis- 
ricts,  and  the  trustees  shall  draw  their  warrants  on  the  county 
reasurer  in  favor  of  persons  entitled  to  receive  the  same.  Such 
varrant  shall  show  for  what  purpose  the  money  is  required,  and 
10  such  warrant  shall  be  drawn  unless  there  is  money  in  the 
reasury  to  the  credit  of  such  district.  Provided,  that  school 
rustees  shall  have  the  authority  to  issue  warrants  in  anticipation 
)f  school  moneys  which  have  been  levied  but  not  collected,  for 
:he  payment  of  current  expenses  of  schools,  but  such  warrants 
shall  not  be  drawn  in  any  amount  in  excess  of  the  sum  already 
.evied.  (Act  approved  March  I4th,  1901,  Sec.  i).  (7th  Sess. 

121). 

State  v.  Cave,  20  Mont.  473;    52  Pac.  202. 

•  Jay  v.  School  District,  24  Mont.  228;  61  Pac.  253. 

831.  (Sec.  1738.)  Preside  at  Institutes. — He  shall  preside 
over  all  teachers'  institutes  held  in  his  county,  and  shall  elect 
suitable  persons  to  instruct  therein  from  the  list  of  teachers  com- 
missioned by  the  state  board  of  education.  (Act  approved 
March  n,  1895). 

832.  (Sec.  1730.)     May    Issue    Temporary    Certificates. — He 
shall  have  power  to  issue,  if  he  deem  it  proper  to  do  so,  tem- 
porary certificates,  valid  until  the  next  regular  examination,  to 
persons  holding  certificates  of  like     grade     granted     in     other 
counties,  or  upon  any  certificates  or  diplomas  possessed  by  the 
applicant   showing  his   fitness   for   the   profession   of   teaching; 
Provided,  that  no  person  shall  be  entitled  to  receive  such  tem- 
porary certificates  more  than  once  in  the  same  county.     (Act 
approved   March   n,   1895). 

833.  (Sec.    1740).     Annual   Report. — He  shall,  on  or  before 
the   first   day  of  November  each  year,  make  and   transmit  an 
annual  report  to  the  superintendent  of  public  instruction,  con- 
taining such  statistics,  items     and     statements  relative  to  the 
schools  of  the  county,  as  may  be  required  and  presented  by  the 

uperintendent  of  public  instruction.     Such  reports  shall  be  made 


supermten 


82  GENERAL  SCHOOL  LAW 

upon  and  conform  to  the  blanks  furnished  by  the  superintendent 
of  public  instruction  for  that  purpose.  He  shall  not  be  paid 
his  salary  for  the  last  month  in  his  official  year  until  he  presents 
to  the  county  commissioners  the  receipt  of  the  superintendent 
of  public  instruction  for  such  annual  report.  (Act  approved 
March  n,  1895). 

834.  (Sec.    1741.)     Boundaries     of     School     Districts. — The 
county  superintendent  shall  inquire  and  ascertain  whether  the 
boundaries  of  school  districts  in  his  county  are  definitely  and 
plainly  described  in  the  records  of  the  board  of  county  commis- 
sioners, and  to  keep  in  his  office  a  full  and  correct  transcript  of 
such  boundaries.     In  case  the  boundaries  of  districts  are  con- 
flicting, or  are  incorrectly  described,  he  shall  change,  harmonize 
and  describe  them,  and  make  a  report  of  such  action  to  the  com- 
missioners;  and   on   being   ratified   by   the   commissioners,   the 
boundaries  and  descriptions  so  made  shall  be  the  legal  boundaries 
and  descriptions  of  the   districts   of  that   county.     The   county 
superintendent    shall    furnish    the    several    district   clerks    with 
descriptions  of  the  boundaries  of  their  respective  districts.     (Act 
approved  March  n,  1895.) 

835.  Expenses  of   Office. — The   county   superintendent   may 
provide  for  himself  a  suitable  office  for  the  transaction  of  official 
business,  when  not  provided  therewith  by  the  county  commis- 
sioner, and  said  commissioners  shall  audit  and  pay  his  reason- 
able accounts  for  the  use  and  the  furniture  of  said  office.     They 
shall  also  furnish  him  with  all  necessary  stationery  and  postage ; 
provided,  that  not  more  than  one     hundred     and     twenty-five 
($125, .00)  dollars  a  year  shall  be  paid  by  any  county  for  office 
rent,  stationery,  postage  and  furniture;  Provided,  further,  that 
when  an  offilce  room  is  furnished  by  the  county  he  shall  not  ex- 
ceed  fifty    ($50.00)    dollars  a  year   for   stationery  and   postage. 
County  superintendents  in  counties  of  the  seventh  and  eighth 
class  shall   be   allowed  their  actual,   necessary   expenses   when 
engaged   in   visiting  schools   in   their   counties.     Such   expenses 
shall  be  paid  in  the  same  manner  as  other  county  charges.    (Act 
approved  March  I4th,  1901,  Sec.  2).       (7th  Sess.  121-2). 

836.  (Sec.  1743.)     Must  not  Teach. — No  county  superinten- 
dent shall  engage  in  teaching  during  his  term  of  office.     (Act 
approved  March  n,  1895). 

See  Act  approved  March  8,  1897,  Sec.  2  (5th  Sess.  129). 

837.  (Sec.  1744.)     Qualifications. — No  person  shall  be  deemed 


STATE  OF  MONTANA.  83 

egally  qualified  for  the  office  of  county  superintendent  unless 
le  or  she  holds  a  certificate  of  the  highest  county  grade,  is  a 
•itizen  of  the  United  States,  has  resided  one  year  next  preceding 
he  election  in  this  state,  and  one  year  in  the  county  in  which 
le  is  a  candidate  and  has  had  twelve  months'  successful   ex- 
perience in  teaching  in  the  public  schools  of  this  state ;  Provided, 
:hat  in  case  a  certificate  held  by  any  of  the  present  incumbents 
}f  the  office  of  county  superintendent  shall  expire  during  the 
:erm  of  such  superintendent,  such  person  may  apply  to  the  super- 
intendent of  the  nearest  county  for  a  certificate,  as  provided  by 
law;  and  in  case  a  certificate  shall  be  refused,  the  party  feeling 
grieved  thereby  may  appeal  to  the  superintendent  of  public  in- 
struction, who  may,  upon  examination  of  said  person,  determine 
whether  a  certificate  shall  be  granted.     (Act  approved  March 

ii,   1895). 

State  v.  Acton,  31  Mont.  43;  77  Pac.  301.  This  section  applies 
.  to  men  and  women  alike.  The  office  of  county  superin- 
tendent of  schools  is  created  by  the  constitution,  and  the 
legislature  does  not  -have  the  power  to  prescribe  an  addi- 
tional qualification  to  those  enumerated  in  the  constitution, 
and  require  that  the  candidate  to  such  office  shall  hold  a 
certificate  of  the  highest  county  grade. 

838.  Census  to  be  Transmitted  to  Bureau  of  Agriculture, 
Labor  and  Industry. — It  shall  be  the  duty  of  the  county'  super- 
intendent of  schools  to  prepare  and  transmit  within  thirty  days 
after  he  receives  the  school  census  from  the  district  clerk,  a 
copy  of  the  census  showing  the  name,  sex,  age  and  date  of  birth 
of  each  child  under  seventeen  years  of  age  residing  in  the  county 
together  with  the  names  of  the  parents  or  guardians  of  such 
children  to  the  commissioner  of  the  bureau  of  agriculture,  labor 
and  industry.  No  county  superintendent  shall  be  paid  his  salary 
for  the  last  month  in  his  official  year  until  he  presents  to  the 
county  commissioners  the  receipt  of  the  commissioner  of  the 
bureau  of  agriculture,  labor  and  industry  for  such  annual  census 
report.  (Act  approved  February  18,  1907).  (loth  Sess.  Chap. 
17). 


84  GENERAL  SCHOOL  LAW 

ARTICLE  III. 

School  Districts. 

Section     839.     School   district  defined. 

Section  840.     Organization  of  new   district. 

Section  841.     District  boundaries. 

Section  842.     Apportionment  of  moneys  to  new  districts 

Section  843.     Division  of  district  funds  and  property. 

Section  844.     District  in  two   counties. 

Section  845.     Employment  of  teacher  not  qualified. 

Section  846.     Must  maintain   school  for  three   months.     Division  of 

district. 

Section  847.     Unauthorized  text  'books;  penalty. 
Section  848.     Powers  as  body  corporate. 
Section  849.     When  district  may  be  created. 

839.  (1750.)     School  District  Defined. — The  term  "school  dis- 
trict", as  used  in  this  title,  is  declared  to  mean  the  territory 
under  the  jurisdiction  of  a  single  board,  designated  as  "board  of 
trustees",  and  shall  be  organized  in  form  and  manner  as  herein- 
after provided,  and  shall  be  known  as  district  No of 

county ;  Provided,  that  all  school  districts  now  existing,  as  shown 
by  the  records  of     the     county     superintendents,  are     hereby 
recognized  as  legally  organized  districts.     (Act  approved  March 
n,  1895). 

840.  (Sec.    1751.)     Organization  of  New  District. — For  the 
purpose  of  organizing  a  new  district,  a  petition  in  writing  shall 
be  made  to  the  county  superintendent,  signed  by  the  parents  or 
guardians  of  at  least  ten  census  children,  between  the  age£  of 
six  and  twenty-one  years,  residing  within  the  boundaries  of  the 
proposed  new  district,  and  residing  at  a  greater  distance  than 
two  miles  from  any  school  house,  which  petition  shall  describe 
the  boundaries  of  the  proposed  new  district,  and  give  the  names 
of  all  the  children  of  school  age  residing  within  the  boundaries 
of  the  proposed  new  district,  at  the  date  of  presenting  said  peti- 
tion.    The   county   superintendent   shall   give   notice   to   parties 
interested  by  posting  notices  at  least  ten  days  prior  to  the  time 
appointed  by  him  for  considering  said  petition  in  at  least  three 
of  the  most  public  places  in  the  proposed  new  district,  and  one 
on  the  school  house  door  of  each  district  affected  by  the  pro- 
posed change,  or  if  there  be  no  school  house,  then  in  one  of  the 
most  public  places  of  said  old  district,  and  shall  on  the  day  fixed 
in  the  notice  proceed  to  hear  said  petition,  and  if  he  deem  it 
advisable  to  grant  the  petition,  he  shall  make  an  order  establish- 


STATE  OF  MONTANA.  85 

ng  said  district  and  describing  the  boundaries  thereof,  from 
Arhich  order  an  appeal  may  be  taken  by  three  resident  taxpayers 
)f  said  new  district  to  the  board  of  county  commissioners  within 
ihirty  days,  and  their  decision  shall  be  final;  Provided,  that 
should  the  county  superintendent  refuse  to  make  an  order 
establishing-  said  new  district  an  appeal  may  be  taken  by  three 
resident  taxpayers  of  said  new  district,  in  the  manner  herein- 
before described.  (Act  approved  March  n,  1895.) 

8.^1.  (Sec  1752.)  District  Boundaries. — The  boundaries  of 
any  district  cannot  be  changed,  except  in  forming  new  districts, 
unless  a  majority  of  heads  of  families  residing  on  the  territory 
which  it  is  proposed  to  transfer  or  include,  present  a  petition  in 
writing  to  the  county  superintendent,  which  petition  shall 
describe  the  change  which  it  is  proposed  to  have  made.  It  shall 
also  state  the  reason  for  desiring  said  change  and  the  number 
of  children  of  school  age  residing  in  the  territory  to  be  trans- 
ferred or  included.  The  county  superintendent  shall  file  said 
petition  in  his  office,  and  shall  give  notice  to  parties  interested 
by  posting  notices  at  least  ten  days  prior  to  the  time  appointed 
for  considering  said  petition,  one  of  which  shall  be  in  a  public 
place  in  the  territory  which  it  is  proposed  shall  be  annexed  or 
transferred,  and  one  on  the  door  of  the  school  house  in  each 
district  affected  by  the  change,  or  if  there  be  no  school  house 
in  such  district,  then  in  some  public  place  in  such  district  or 
districts,  and  at  the  time  stated  in  said  notices  he  shall  proceed 
to  hear  said  petition  and  if  he  deem  it  advisable,  he  shall  grant 

e  same  and  make  an  order  fixing  the  boundaries,  and  unless 
an  appeal  be  taken  to  the  board  of  county  commissioners  within 
thirty  days,  and  upon  a  hearing  thereof  the  decision  of  said 
board  shall  be  final.  All  of  the  papers,  documents  and  records 
in  the  case  shall  be  certified  to  the  county  commissioners  for  their 
determination  of  the  matter  on  appeal ;  Provided,  that  two  or 
more  districts  lying  contiguous  may,  upon  a  petition  of  a  majority 
of  the  heads  of  families  residing  in  each  of  said  districts  pre- 
sented to  the  county  superintendent  in  writing,  be  united  to 

nstitute  but  one  district  ;Provided,  further.  That  joint  dis- 
tricts (districts  lying  partly  in  one  county  and  partly  in  another) 
may  be  formed  in  the  same  manner  as  other  new  districts  are 
formed,  except  that  the  petition  herein  provided  for  must  be 
made  to  the  county  superintendent  of  each  county  affected ;  but 
in  the  case  of  joint  districts,  all  of  the  provisions  herein  enum- 


LU 

* 


~ 


111    LUC    \am 


S6  GENERAL  SCHOOL  LAW 

eraied  for  the  formation  of  a  new  district  must  be  by  concurrent 
action  of  the  superintendent  of  each  county  affected.  (Act  ap- 
proved March  n,  1895). 

842.  (Sec    1753.)     Apportionment  of   Moneys  to   New   Dis- 
tricts.— No  new  district,  formed  by  the  subdivision  of  an  old  one, 
shall  be  entitled  to  any  share  of  public  money  belonging  to  the 
old  district  until  a  school  has  actually  been  taught  one  month 
in  the  new  district,  and  unless  within  eight  months  from  the 
order  of  the  county  superintendent  granting  such  new  district, 
a  school  is  opened,  the  action  making  a  new  district  shall  be  void 
and  all  election  or  appointments  of  trustees  or  clerks  made  in 
consequence  of  such  action,  and  all  rights  and  office  of  parties 
so  elected  or  appointed  shall  cease  and  determine.   (Act  approved 
March  n,  1895). 

843.  (Sec.  1754.)     Division  of  District  Funds  and  Property. 
— When  a  new  district  is  formed  from  one  or  more  old  ones, 
the   school  funds  remaining  to  the  credit  of  the  district,  after 
providing  for  all  outstanding  debts,  excepting  debts  incurred  for 
building  and  furnishing  school  houses,  shall  be  divided  as  fol- 
laws :     The  basis   for  the   division  of  the  school  fund  shall  be 
the  school  population,  as  shown  by  the  last  school  census  before 
the  division  of  the  district  or  districts  occurred,  and  shall  apply 
to  such  funds  as  remain  to  the  credit  of  said  old  district  or  dis- 
tricts at  the  time  of  the  organization  of  said  new  district,  and 
said  district  shall  receive  funds  in  proportion  to  its  per  cent,  of 
the  said  census.     In  case  of  division,  each  district  shall  own  and 
hold  all  permanent  property  such   as  sites,  school  houses   and 
furniture  situated  within  its  boundaries.     All  division  of  funds 
under  this  provision  shall  be  made  by  the  county  superintendent, 
and  when  there  are  unpaid  special  taxes  on  the  county  tax  book 
belonging  to  a  district  at  the  date  of  its   division,  the  county 
treasurer,  upon  being  notified  of  such  division   by  the   county 
superintendent,  shall  retain  all  moneys  received  in  payment  of 
such   special   tax   until   the   same   shall   be   apportioned   by   the 
county  superintendent,  whose  duty  it  shall  be  to  apportion  said 
money  quarterly  between  the  fractions  of  the   divided   district, 
according  to  the  location  of  the  property  on  which  said  tax  was 
levied.    At  the  first  apportionment  after  the  organization  of  a  new 
district,  the  county  superintendent  shall  apportion  to  such  district 
its  per  capita  proportion  of  the  general  fund,  but  no  money,  either 
from  the  general  or  special  fund,  shall  be  paid  out  of  the  county 


STATE  OF  MONTANA.  87 

Treasury  on  account  of  such  district,  until  a  school  shall  have 
Deen  taught  therein     one     month.     (Act     approved  March   u, 

1895). 

844.  (Sec.    1755.)     District  in  Two  Counties.— Whenever  a 
district  lies  partly  in  one  county  and  partly  in  another,  the  county 
superintendent  must  apportion  to  such  district  such  proportion 
of  the  school  money  to  which  such  district  is  entitled  as  the 
number     of     school     census     children     residing     in     that     por- 
tion    of     the     district    situate     in     his     county     bears     to    the 
\vli»le     number     of     school     census     children     in     the     whole 
district.        Th«e     trustees      and      teachers      of     joint      districts 
must  make  to  the  superintendent  of  each  county  in  which  the 
district  is  located,  the  reports  which  other  trustees  and  teachers 
are  required  to  make  and  also  the  number  of  pupils  attending 
the  school  from  each  county ;  and  all  other  acts  which  from  their 
nature  should  be  separately  kept  and  done,  as  if  each  portion 
of  said  joint  district  belonging  to  each  county  were  an  entire 
district  in  the  respective  counties.     The  teachers  of  such  joint 
district  shall  have  certificates,  from  the  superintendent  of  the 
county  in  which  the  school  house  is  located.     (Act  approved 
March  n,  1895). 

845.  Employment   of   teacher   not   qualified. — The    board   of 
trustees  of  any  school  district  who  shall  employ  any  teacher 
who  is  not  legally  qualified  to  teach  in  public  schools  of  their 
district,  shall  be  deemed  guilty  of  a  misdemeanor;  Provided,  that 
this  Section  shall  not  apply  to  those  trustees  who  do  not  consent 
to   such   employment.     (Act   approved   March    I4th,    1901,   Sec. 
30      ( /th  Sess.  Chap.  122.) 

Jay  v.  School  District,  24  Mont.  223;  61  Pac.  251.  A  contract 
for  the  employment  of  a  teacher  holding  a  certificate  for 
a  school  year  of  nine  months,  is  of  no  effect.  Teachers 
must  make  annual  reports  to  the  county  superintendent, 
or  if  the  employment  be  only  three  months,  at  the  end 
of  such  time. 

846.  Must  Maintain   School  for  Four  Months.     Division  of 
District — No  school  district  shall  be  entitled  to  receive  any  ap- 
portionment of  any  school  moneys,  which  shall  not  have  main- 
tained   a    free    school    for    at    least    four    months    during    the 
next  preceding  school  year,  nor  shall  any  school  district,  which 
fails   to   make   its   annual   report  to  the  county  superintendent, 
as  provided  by  law,  on  or  before  October  I5th  of  each  year, 
be  entitled  to  receive  any  apportionment  of  any  school  moneys. 


88  GENERAL  SCHOOL  LAW 

Any  and  all  such  moneys  thus  forfeited  by  any  school  district 
shall  be  apportioned  by  the  county  superintendent  to  other 
school  districts  of  his  county;  Provided,  that  any  new  district 
formed  by  the  division  of  an  old  one  shall  be  entitled  to  its  ap- 
portionment, where  the  time  that  school  was  maintained  in  the 
old  district  before  division,  and  in  the  new  one  after  division, 
shall  be  equal  to  at  least  four  months,  and,  provided  further, 
that  in  isolated  sections  of  a  district  consisting  of  not  less  than 
four  children  and  districts  not  less  than  five  miles  from  the  es- 
tablished school  house  in  such  district,  where  a  school  is  main- 
tained for  three  or  four  months  by  a  regular  qualified  teacher  for 
the  benefit  of  the  children  of  the  families  of  such  section,  such 
district  may  draw  the  apportionment  of  school  money  for  the 
children  so  attending  said  schools.  (Act  approved  March  6, 
1909). 

847.  Unauthorized  Text-Books ;  Penalty. — The  trustees  of  any 
school  districts  using  text-boks  other  than  those  prescribed  by 
law  (except  for  supplementary  purposes)  shall  be  deemed  guilty 
of  a  misdemeanor.     Provided,  that  the  foregoing  shall  only  apply 
to  those  trustees  consenting  to  the  use  of  such  other  books.  (Act 
approved  March  8th,  1897,  Sec.  4).     (5th  Sess.  130). 

848.  (Sec.  1759).     Powers  as  Body  Corporate. — Every  school 
district  constituted  and  formed  as  provided  in  this  title  shall  and 
is  hereby  declared  to  be  a  body  corporate,  and  under  its  own 
proper  name  or  number  as  such  corporate  body  may  sue  and  be 
sued,  contract  and  be  contracted  with,  and  may  acquire,  purchase 
and  hold  and  use  personal  or  real  property  for  school  purposes 
mentioned  in  this  title,  and  sell  and  dispose  of  the  same.     (Act 
approved   March   n,   1895). 

Jay  v.  School  District,  24  Mont.  232;  61  Pac.  254.  School  districts 
are  public  corporations  but  their  powers  are  very  limited. 
They  can  exercise  none  except  such  as  are  conferred  iby  the 
law  creating  them. 

849.  (Sec.  1760.)   When  District  May  be  Created. — No  school 
district  shall  be  created  between  the  first  day  of  March  and  the 
first  day  of  September  following  of  each  year.       (Act  approved 
March  u,  1895). 


l_l. 

r 


STATE  OF  MONTANA.  89 

ARTICLE  IV. 

Election  of  School  Trustees. 

Section  850.  Election  of  trustees,  classification  of  districts. 

Section  851.  Elections  in  districts  of  first  class. 

Section  852.  Conduct  of  election. 

Section  853.  County  commissioners  to  call  election. 

Section  854.  Appointment  of  judges  and  notices  of  election. 

Section  855.  Hours  of  election. 

Section  856.  Publication  of  notice  of  election. 

Section  857.  Qualification  of  electors. 

Section  858.  Ballots  and  method  of  voting. 

Section  859.  Challenges.     Oath  of  voters. 

Section  860.  Tally  list  and  certificates  of  votes  cast. 

Section  861.  Canvass  of  votes. 

Section  862.  Term  of  office.    Oath  of  trustee. 

Section  863.  Qualification  of  trustee. 

Section  864.  Registration  of  voters. 

Section  865.  Duty  of  registry  agent. 

Section  866.  Expenses  of  election. 

Section  867.  Bond  and  compensation  of  trustees. 

850.  Election  of  Trustees;  Classification  of  Districts. — An 
annual  election  of  school  trustees  shall  be  held  in  each  school 
district  in  the  state  on  the  first  Saturday  in  Afpril  in  each  year, 
at  the  district  school  house,  if  there  be  one,  and,  if  there  be  none, 
at  a  place  designated  by  the  board  of  trustees  or  the  county 
commissioners  as  the  case  may  be.  All  districts  having  a  popu- 
lation of  eight  thousand  or  more,  are,  and  hereafter  shall  be, 
districts  of  the  first  class.  All  districts  having  a  population  of 
ne  thousand,  or  more,  and  less  than  eight  thousand,  are,  and 
ereafter  shall  be,  districts  of  the  second  class,  and  all  districts 
ving  a  population  of  less  than  one  thousand,  are,  and  here- 
fter  shall  be,  districts  of  the  third  class.  In  districts  of  the  first 
class,  the  number  of  trustees  shall  be  seven ;  in  districts  of  the 
cond  class,  the  number  of  trustees  shall  be  five,  and,  in  dis- 
tricts of  the  third  class,  the  number  of  trustees  shall  be  three. 
In  school  districts  having  a  population  of  over  twenty  thousand 
people,  any  trustee  at  the  time  of  the  passage  of  this  Act,  save 
those  who  are  serving  by  appointment  to  fill  vacancies,  shall 
continue  to  hold  for  the  term  of  two  years  from  the  third  Satur- 
day in  the  month  of  April  of  the  year  in  which  they  were  elected, 
and  those  filling  vacancies  until  the  third  Saturday  in  April, 
1899,  and  at  all  subsequent  elections  one  or  more  trustees,  as  the 
case  may  be,  must  be  elected,  who  shall  serve  for  a  term  of  two 


90  GENERAL  SCHOOL  LAW 

years  or  until  their  successors  are  elected  or  appointed,  and  shall 
have  qualified.  A  vacancy  in  the  office  of  school  trustee  must 
be  filled  by  appointment  by  the  county  superintendent  of  schools, 
subject  to  the  confirmation  by  a  majority  of  the  remaining  mem- 
bers of  said  board,  if  those  remaining  constitute  a  majority  of 
the  total  of  the  board.  (Act  approved  March  4,  1907,  Sec.  i). 
(loth  Sess.  Chap.  69). 

851.  Election  in  Districts  of  First  Class. — In  districts  of  the 
first  class   the   election   shall   be   under  the   supervision  of   the 
board  of  county  commissioners  of  the  county  in  which  the  same 
are  situated,  and  shall  be  held  and  conducted  as  hereinafter  pro- 
vided.    (Act  approved  March  6th,   1897,  Sec.  2).       (5th     Sess 

137). 

852.  Conduct  of  Election. — In    districts    of    the    second    and 
third  classes,  the  election  of  school  trustees  shall  be  held  and 
conducted  under  the  supervision  of  the  board  of  school  trustees. 
The  clerk  of  the  school  district  must  not  less  than  fifteen  days 
before  the  election  required  under  this  Act,  post  notices  in  three 
public  places  in  said  district,  and  in  incorporated  cities  in  each 
ward,  which  notices  must  specify  the  time  and  place  of  election, 
and   the   hour  during  which   the   polls   will   be   opened.       The 
trustees  must  appoint  by  an  order  entered  in  their  records,  three 
qualified  electors  of  said  districts,  to  act  as  judges  at  such  elec- 
tion, and  the  clerk  of  the  district  shall  notify  them  by  mail  of 
their   appointment.     Said  judges   shall     appoint     one   of   their 
number  to  act  as  clerk  at  such  election.    If  the  judges  named  are 
not  present  at  the  time  for  opening  the  polls,  the  electors  present 
may  appoint  jud'ges,  and  the  judges  so  appointed  shall  designate 
one  of  their  number  to  act  as  clerk.     In  the  districts  of  the 
second  and  third  classes,  having  fifty  or  more  children  of  school 
age,  the  names  of  all  candidates  for  membership  on  the  school 
board  must  be  received  and  filed  by  the  clerk  and  posted  at 
each  polling  place  at  least  five  days  next  preceding  the  election. 
Any  five   qualified   electors  of  the  districts  may  file  with  the 
clerk  the  nominations  of  as  may  persons  as  are  to  be  elected 
to   the   school   board   at   the   ensuing   election.     (Act   approved 
February  28th,  1899,  Sec.  i.)      (6th  Sess.  56-7.) 

853.  County  Commissioners  to  Call  Election. — The  board  of 
county  commissioners  shall,  at  least  thirty  days  before  the  an- 
nual election  of  school  trustees,  by  an  order  entered  upon  the 
minutes  of  their  meeting,     designate  and     establish  a  suitable 


STATK  OF  MONTANA. 


91 


lumber  of  polling  places,  and  create  an  equal  number  of  election 
>recincts  to  correspond,  and  define  the  boundaries  thereof.  (Act 
ipproved  Mnrch  ^r.l.  ittju.  Sec.  2.)      (6th  Sess.  58.) 
Hauswirth  v.  Mueller,  iT,  Mont.  160;   64  Pac.  325. 

854.  Appointment  of  Judges  and  Notices  of  Election. — The 
)oard  of  county  commissioners  shall,  at  least  ten  days  before  the 
day  of  annual  election  for  trustees  in  any  district  of  the  first 
class,   appoint   three   qualified   electors   of  the   district   for   each 
polling  place  established,  to  act  as  judges  of  election,  and  the 
county  clerk  shall  notify  such  persons  by  mail  of  their  appoint- 
ment.    Such  judges  shall  designate  one  of  their  number  to  act 
as  clerk  at  such  election.     If  the  judges  appointed  or  any  of 
them  are  not  present  at  the  time  for  the  opening  of  the  polls, 
the  electors  present  may  appoint  judges,  who  must  be  qualified 
electors  to  act  in  the  place  of  those  who  are  absent.     The  county 
clerk   shall,   at   least   fifteen   days   before   the   election   required 
to  be  held   under  this  Act,  in  districts  of  the  first  class,  give 
notice  of  the  election  to  be  held  in  all  said  districts,  by  posting 
a  notice  thereof  in  three  public  places  in  the  district,  and   in 
incorporated  cities  and  towns  in  each  ward,  which  notices  must 
specify  the  time  and  place  of  election,  the  number  of  trustees 
to  be   elected,   and   the  hours   during  which  the   polls   will   be 
open.     (Act  approved  March  6th,  1897,  Sec.  5).     (5th  Sess.  138). 

855.  Hours  of  Election. — In   districts  of  the  first  class  the 
polls  must  be  opened  at  eight  o'clock  A.  M.,  and  kept  open  until 
twelve  o'clock  M.,  and  from  one  o'clock  P.  M.,  until  eight  o'clock 
P.   M.       In  districts  of  the  second  and  third  classes  the  polls 
may  be  opened  for  such  length  of  time  as  the  board  of  trustees 
may  order:     Provided  that,  such  polls  must  be  kept  open  from 
two  o'clock  P.  M.,  to  six  o'clock  P.  M.     (Act  approved  March 
6th,  1897,  Sec.  6).     (5th  Sess.  138). 

856.  Publication  of  Notice  of  Election. — Whenever     in     the 
judgment  of  the  board  of  county  commissioners  the  best  inter- 
ests of  the  district  will  be  served  by  the  publication  of  such 
notices  of  election  in  some  newspaper  in  the  county,  they  may, 
by  an  order  entered  on  the  minutes  of  their  meeting,  direct  the 
county  clerk  to  publish  the  notice  of  election  required  to  be  given 
in  districts  of  the  first  class  in  some  newspaper  in  the  county. 
(Act  approved  March  6th,  1897,  Sec.  7).     (5th  Sess.  138). 

857.  Qualification  of  Electors. — Every  citizen  of  the  United 
States  who  has  resided  in  the  State  of  Montana  for  one  year, 


92  GENERAL  SCHOOL  LAW 

and  thirty  days  in  the  school  district  next  preceding  the  election,, 
may  vote  thereat.  Women  of  the  age  of  twenty-one  years  and 
upwards  who  are  citizens  of  the  United  States,  and  who  have 
resided  in  the  State  of  Montana  one  year,  and  in  the  school  dis- 
trict for  thirty  days  next  preceding  the  day  of  election,  may  vote 
thereat;  Provided,  however,  that  before  any  such  person  shall 
be  entitled  to  vote  in  any  district  of  the  first  class,  he  or  she 
shall  have  registered  as  in  this  Act  hereinafter  required.  (Act 
approved  March  6th,  1897,  Sec.  8).  (5th  Sess.  138-9). 

885.     Ballots  and  Method  of  Voting. — The  voting  must  be  by 
ballot,  without  reference  to  the  general  election  laws  in  regard 
to  nominations,  form  of  ballot,  or  manner  of  voting  in  districts 
of  the  second  and  third  class.     But  in  districts  of  the  first  class 
the  ballot  shall  show  the  name  or  names  of  the  candidates  and 
the  length  of  time  for  which  they  are  to  be  elected.     These  bal- 
lots shall  be  as  near  as  possible  in  the  following  form. 
FOR  SCHOOL  TRUSTEES. 
For  three    (3)    year  term. 

Vote  for  three : 

JOHN  ABNER. 
WILLIAM  BROWN. 

AiDAM  SMITH. 

For  one  (i)  year  term. 
Vote  for  one. 

GEORGE  DAVIS. 

In  districts  of  the  first  class  no  person  shall  be  voted  for  or 
elected  as  trustees,  unless  he  or  she  has  been  nominated  there- 
for by  a  bona  fide  public  meeting  held  in  the  district  at  least 
ten  days  before  the  day  of  election,  and  at  which  at  least  twenty 
qualified  electors  were  present,  and  a  chairman  and  secretary 
were  elected,  and  a  certificate  of  such  nomination  setting  forth 
the  place  where  the  meeting  was  held,  giving  the  names  of  the 
candidates  in  full,  and  if  there  are  different  terms  to  be  filled,  the 
term  for  which  such  candidate  was  nominated,  duly  certified  by 
the  chairman  and  secretary  of  such  meeting,  shall  be  filed  with 
the  county  clerk  at  least  eight  days  before  the  day  of  election. 


: 


STATE  OF  MONTANA.  93 

"  'he  nomination  and  election  of  any  person  shall  be  void,  unless 
e  or  she  was  nominated  at  a  meeting  as  above  provided  at 
/hich  at  least  twenty  qualified  electors  were  present,  and  his 
r  ber  nomination  certified  and  filed  as  aforesaid,  and  the 
ounty  commissioners  shall  not  count  any  votes  cast  for  any 
•erson,  unless  he  or  she  has  been  so  nominated  and  a  certificate 
hereof  filed  as  herein  required.  The  county  commissioners  shall 
:ause  to  be  printed  ballots  of  the  form  aforesaid,  on  which  shall 
ippear  the  names  of  all  persons  who  are  regularly  nominated 
ind  whose  certificate  of  nomination  was  properly  filed  as  afore- 
said. In  districts  of  the  first  class  the  person  desiring  to  vote 
shall,  at  the 'time  he  or  she  presents  his  or  her  ballot,  announce 
his  or  her  name,  and  the  judges  of  election  if  they  find  such 
name  on  the  official  check  list,  or  if  not  and  he  or  she  takes 
the  oath  herein  prescribed,  one  of  the  judges  shall  take -the  bal- 
lot and  deposit  it  in  the  ballot  box,  and  the  clerk  shall  immed- 
iately write  the  name  of  such  person  on  the  poll  list  and  one 
of  the  judges  shall  write  opposite  the  said  name  on  the  official 
check  lists  the  word  "voted'.  Any  person  voting  at  such  election 
who  is  not  entitled  to  a  vote,  and  any  person  voting  more  than 
once  thereat,  shall  be  guilty  of  a  misdemeanor  and  shall  be 
punished  accordingly ;  and  any  person  taking  a  false  oath,  shall 
be  guilty  of  perjury.  No  person  shall  be  entitled  to  a  vote  at 
any  election  for  school  trustees  in  any  district  of  the  first  class 
unless  his  or  her  name  shall,  on  the  day  of  election,  appear  on 
the  official  check  list  furnished  by  the  county  clerk  to  the  judges 
election ;  Provided,  however,  if  any  person,  otherwise  qualified 
to  vote,  makes  oath  before  one  of  the  judges  that  he  or  she 
registered  at  any  registry  precinct  in  such  district,  naming  it, 
before  a  registry  agent,  giving  his  name,  to  vote  at  said  election, 
and  that  his  or  her  name  does  not  appear  correctly  on  said  check 
list,  or  has  been  omitted  therefrom,  or  that  by  reason  of  absence 
or  sickness  during  the  period  of  registration  he  or  she  was  un- 
able to  register,  the  judges  of  election  shall  make  an  entry  op- 
posite his  or  her  name  on  the  poll  list  to  the  effect  that  he  or 
she  was  sworn  and  voted,  and  shall  permit  him  or  her  to  vote. 
The  county  commissioners  shall  provide  for  each  election  of 
trustees  double  as  many  ballots  as  there  are  voters  registered 
within  such  district.  No  other  ballot  than  that  provided  by  the 
county  commissioners  shall  be  received  by  the  judges,  and  in 
districts  of  the  first  class,  where  a  daily  paper  is  issued,  the 


94  GENERAL  SCHOOL  LAW 

commissioners  s>hall  cause  to  be  published  in  at  least  one  paper 
for  three  days  preceding  the  election,  such  official  ballot,  and  in 
such  districts  where  there  is  no  daily  paper,  but  a  weekly,  the 
official  ballot  shall  be  printed  at  least  once  in  a  weekly  paper. 
Trustees  must  provide  in  each  polling  place  designated  by  them 
a  sufficient  number  of  booths,  places,  or  compartments,  which 
must  be  furnished  with  such  supplies  as  shall  enable  the  elector 
to  conveniently  prepare  his  or  her  ballot,  and  in  which  electors 
screened  from  observation  must  mark  their  ballots.  Guard 
railing  must  be  so  constructed  that  only  persons  within  such 
railing  and  officers  of  election  can  approach  within  ten  feet  of 
the  ballot  boxes  or  the  booths  herein  provided.  Before  de- 
livering any  ballot  to  an  elector  the  judges  must  print  on  the 
back  and  near  the  top  of  the  ballot,  with  a  rubber  stamp,  the 
designation  "official  ballot".  Each  qualified  elector  shall  re- 
ceive from  .the  judge  one  ballot.  The  elector  on  receiving  his 
or  her  ballot  must  forthwith  without  leaving  the  polling  place, 
and  within  the  guard  rail  provided,  and  alone,  retire  to  one  of 
the  booths  or  compartments,  and  prepare  his  or  her  ballot,  by 
marking  a  cross  before  the  name  of  each  candidate  for  whom  he 
or  she  desires  to  vote.  After  preparing  his  or  her  ballot  the 
elector  must  fold  it  so  that  the  face  of  the  ballot  will  be  concealed 
and  so  that  the  endorsement  stamped  thereon  may  be  seen.  He 
or  she  must  then  vote  forthwith,  and  before  leaving  the  polling 
place.  Any  elector  who,  because  of  physical  disability  or  in- 
ability to  read  the  English  language  is  unable  to  mark  his  bal- 
lot, may  request  one  of  the  judges  to  help  him  or  her.  Any 
elector  who,  by  accident  or  mistake  spoils  his  or  her  ballot,  may 
on  returning  the  spoiled  ballot  receive  another.  (Act  approved 
March  6th,  1897,  Sec.  9).  (5th  Sess.  139-141). 
•State  v.  Long,  21  Mont  32;  52  Pac.  647. 

859.  Challenges.  Oath  of  Voters. — Any  person  offering  to 
vote  may  be  challenged  by  any  elector  of  the  district,  and  the 
judges  must  thereupon  administer  to  the  person  challenged, 
an  oath  in  substance  as  follows:  "You  do  solemnly  swear  that 
you  are  a  citizen  of  the  United  States ;  that  you  are  twenty-one 
years  of  age;  and  that  you  have  resided  in  this  state  one  year, 
and  in  this  school  district  thirty  days  next  preceding  this  elec- 
tion, and  that  you  have  not  voted  this  day.  So  help  you  God." 
If  he  or  she  is  a  resident  of  a  district  of  the  second  or  third 
class,  and  he  or  she  takes  this  oath,  his  or  her  vote  must  be  re- 


STATE  OF  MONTANA.  95 

c  ;ived ;  otherwise  rejected.  If  he  or  she  is  a  resident  of  a  dis- 
t  -ict  of  the  first  class  and  takes  this  oath,  and  has  complied 
A  -ith  the  provisions  of  this  Act,  with  reference  to  elections  there- 
i  i  or  complies  herewith,  his  or  her  vote  must  be  received ;  other- 
'  -ise  it  shall  be  rejected.  Any  person  who  shall  swear  falsely 
1  efore  any  registry  agent  or  judge  of  election,  shall  be  guilty  of 
]  erjury  and  shall  be  punished  accordingly.  (Act  approved 
larch  6th,  1897,  Sec.  10).  (5th  Sess.  141). 

•  State  v.  Long,  21  Mont.  32;    52  Pac.  647. 

860.     Tally  List   and   Certificates  of  Votes   Cast.— At   every 
lection  held  under  this  Act,  in  the  districts  of  the  first  class,  a 
•oil  and  tally  list  shall  be  kept  by  the  judges  and  clerk  at  each 
>olling  place,  and  immediately  after  the  close  of  the  polls  the 
udges  shall  count  the  ballots,  and  if  there  be  more  ballots  than 
rotes  cast  the  judges  must  draw  by  lot  from  the  ballots  with- 
>ut  seeing  them,  a  sufficient  number  of  ballots  to  make  the  bal- 
ots  remaining  correspond  with  the  number  of  votes  cast.     The 
:lerk  shall  write  down  in  alphabetical  order  in  a  poll  book  pro- 
/ided  for  that  purpose  the  name  of  every  person  voting  at  the 
ime  he  or  she  deposits  his  or  her  ballots.     There  shall  also  be 
jrovided  a  tally  list  for  each  polling  place ;  after  the  ballots  have 
)een  counted  and  made  to  agree  with  the  poll  list,  the  judges 
shall  proceed  to  count  them.     The  clerk  shall  enter  in  the  tally 
ist  the  name  of  every  person  voted  for  trustee,  and  the  term, 
ind  tally  opposite  his  or  her  name,  the  number  of  votes  cast 
"or  him  or  her  and  at  the  end  thereof  set  down  in  a  column 
provided  for  that  purpose  the  whole  number  of  votes  he  or  she 
has  received.     The  judges  and  clerk  shall  sign  a  certificate  to 
said  tally  list  setting  forth  the  whole  number  of  votes  cast  for 
each   person  or  trustee,   designating  the  term,  t  and   they   shall 
verify  the  same  as  being  correct  to  the  best  of  their  knowledge 
before  an  officer  authorized  to  administer  oaths.     No  informality 
in   such   certificate   shall    vitiate   the   election,   if   the   number  of 
votes  received   for  each  person   can  reasonably  be  ascertained 
from  said  tally  list.       In  districts  of  the  second  and  third  class 
said  books  and  tally  list  shall  be  returned  to  the  board  of  trustees 
of  the  district,  who  shall  canvass  the  vote  and  cause  the  clerk, 
of  the  district,  to  issue  certificates  of  election  to  the  person  or 
persons  elected,  designating  their  term,  a  copy  of  which  must  be 
forwarded  to  the  county  superintendent  of  schools.     In  districts 
of  the  first  class  said  poll  books  and  the  tally  lists  shall  be  de- 


96  GENERAL  SCHOOL  LAW 

livered  to  the  county  clerk,  and  the  board  of  county  commission- 
ers shall  canvass  the  votes.  School  trustees  are  hereby  author- 
ized to  administer  oaths  to  the  judges  of  election,  and  the  oath 
of  office  to  the  trustees  elected.  (Act  approved  March  6th,  1897, 
Sec.  n).  (5th  Sess.  142). 

861.  Canvass  of  Votes. — The  board  of  county  commissioners 
shall  canvass  the  votes  of  all  districts  of  the  first  class  in  the 
same   manner  that   they  are   required  to   canvass   the  votes   at 
other  elections  and  declare  the  results.     The  county  clerk  shall 
thereupon  make  out  and  mail  to  the  person  or  persons  elected 
a  certificate  of  election,  stating  the  term,  and  shall  mail  a  copy 
thereof  to  the  county  superintendent  of  schools.     (Act  approved 
March  6th,  1897,  Sec.  12).     (5th  Sess.  142-3). 

862.  Term  of  Office ;  Oath  of  Trustee.— Trustees  elected  shall 
take   office   immediately   after   qualifying   and   shall   hold   office 
for  the  term  of  three  years  and  until  their  successors  are  elected 
and  qualified,  or  appointed  by    the     county    superintendent    of 
schools  and  qualified.     Every  trustee  elected  shall  file  his  or  her 
oath  of  office  with  the  county  superintendent  of  schools.     Any 
trustee  who  shall  fail  to  qualify  within  fifteen  days  after  being 
elected  shall  forfeit  all  rights  to  office,  and  the  county  superin- 
tendent of  schools  shall  appoint  to  fill  the  vacancy.  (Act approved 
March  6th,  1897,  Sec.  13).     (5th  Sess.  143). 

863.  Qualification  of  Trustee. — Any  person,  male  or  female 
who  is  a  qualified  voter  at  any  election  under  this  Act,  shall  be 
eligible  to  office  of  school  trustee   in  such   district.     (Act  ap- 
proved March  6,  1897,  Sec.  14).     (5th  Sess.   143). 

864.  Registration  of  Voters. — The  board  of  county  commis- 
sioners of  every  county  in  which  there  shall  be  a  school  dis- 
trict of  the  first  class  shall,  at  least  fifteen  days  before  the  school 
election  for  the  year  1897,  and  thereafter  at  least  twenty  days  be- 
fore the  next  annual  school  election,  by  order  entered  on  the  min- 
utes of  the  board,  lay  out  such  district  into  not  less  than  two  nor 
more  than  thirty  registry  precincts  as  may  seem  to  the  board 
most  necessary,  and  shall  define  the  boundaries  thereof,  which 
shall  be     known  as     School  Registry  Precinct  No.   i,     School 
Registry  Precinct  No.  2,  and  so  on.     They  shall  at  the  same 
time  the  registry  precincts  are  established,  appoint  one  person, 
male  or  female,  qualified  to  vote  at  the  coming  election  in  such 
precinct,   registry  agent  for  such  precinct,  and  of  the  number 
of  registry  agents  appointed,  they  shall  designate  one  as  prin- 


STATE  OF  MONTANA.     .  97 

<  ipal  registry  agent  for  said  school  district.  All  registry  agents 
h  lall  be  appointed  annually,  and  they  are  hereby  authorized  and 
c  mpowered  to  administer  oaths  and  affirmations,  and  to  do  such 

•  ther  acts  as  may  be  necessary  to  carry  out  the  purposes  of  this 
.  >.ct.     Before  entering  upon  the  duties  prescribed  in  this  Act, 

he  registry  agents  must  severally  take  and  subscribe  before  an 

•  fficer  authorized  to  administer  oaths  the  constitutional  oath  of 
ffice,  and  file  the  same  with  the  county  clerk  of  their  respective 
ounties.     The  board  of  county  commissioners  shall  designate 
he   place   where   the  office  of  every   registry  agent  appointed 
mder  this  Act  shall  be  kept,  and  they  shall  cause  to  be  published 
n  a  newspaper  in  the  district,  or  posted  in  at  least  three  places 
ii  each  registry  precinct,  a  notice  of  registration,  which  shall 
iescribe  the  boundaries  of  each  registry  precinct,  give  the  loca- 
ion  of  the  office,  and  the  name  of  the  registry  agent  therefor,  and 

|:he  date  when,  and  the  hours  during  which  the  office  of  the 
•egistry  agent  will  be  open,  and  during  which  persons  residing 
n  said  precinct  may  apply  and  be  registered  therein.  This  notice 
nust  be  published  or  posted  for  three  days  preceding  the  day 
when  the  registration  begins,  and  continued  until  registration 
is  closed,  and  shall  be  issued  and  signed  by  the  county  clerk. 
Every  registry  agent  appointed  under  this  Act,  shall  open  his 
offitce  for  the  purpose  of  registering  votes  in  his  or  her  district 
on  the  tenth  day  preceding  the  day  of  the  next  annual  election 
for  school  trustee ;  Provided,  said  day  be  not  Sunday  or  a  legal 
holiday ;  and  should  said  day  be  Sunday  or  a  legal  holiday, 
then  he  or  she  shall  open  his  or  her  office  on  the  ninth  day 
next  preceding  the  day  of  election.  He  or  she  shall  keep  his  or 
her  office  open  between  the  hours  of  nine  A.  M.,  and  twelve  M. 
and  one  P.  M.,  and  five  P.  M.,  and  from  six  P.  M.,  until  ten  P. 
M.,  for  the  period  of  three  days,  not  including  Sunday  or  a  legal 
holiday  and  during  said  time  he  or  she  shall  register  the  names 
•  of  all  persons  residing  in  his  or  her  registry  precinct,  qualified 
and  entitled  to  vote  at  the  coming  election,  or  who  will  have  a 
vote  thereat  under  the  provisions  of  this  Act.  Registry  agents 
shall  not  sit  on  Sundays  or  legal  holidays,  and  while  not  required 
to  register  during  the  hours  of  from  twelve  to  one  P.  M.,  and 
five  to  six  P.  M.,  they  may  nevertheless  do  so  if  they  desire. 
Each  registry  agent  shall  be  provided  with  an  official  register. 
He  or  she  shall  enter  therein  under  the  proper  heading,  the 
umber  and  date  of  registration  the  name,  with  the  first  or  given 


numtx 


98  GENERAL  SCHOOL  LAW 

name  in  full  and  the  nativity  of  the  elector,  together  with  the 
number  or  particular  description  of  the  house,  room  or  buildinj 
where  the  elector  resides  so  as  to  reasonably  identify  the  same. 
The  names  shall  be  entered  in  alphabetical  order  the  surnam< 
being  written  first.     Every  person  desiring  to  be  registered  foi 
such  election  must  apply  to  the  registry  agent  for  the  precind 
in  which  he  or  she  shall  reside,  at  his  or  her  office  during  th< 
hours  of  registration.     No  persons  shall  be  registered  by  an; 
registry  agent  unless  such  person  is  at  the  time  a  resident  oi 
his  or  her  precinct.     Every  person  applying  to  the  registry  agenl 
shall  before  he  or  she  shall  be  entitled  to  have  his  or  her  nam< 
registered, take  and  subscribe  to  the  following  oath  or  affirmation, 
which  shall  be  administered  by  the  registry  agent  to-wit:     "I  d( 
solemnly  swear  or  affirm  that  I  am  a  citizen  of  the  United  States, 
or  that  I  am  entitled  to  become  a  citizen  of  the  United  States, 
and  it  is  my  honest  intention  to  become  such  before  the  school 
election  day  of  this  year ;  and  that  I  am  of  the  age  of  twenty-one 
years,  and  will  have  actually  and  not  constructively,  been  a  bona 
fide  resident  in  Montana  twelve  months,  and  in  the  school  dis- 
trict thirty  days  next  preceding  the  day  of  election,  and  that  I 
am  not  registered  elsewhere  in  this  school  district  for  this  elec- 
tion year.      So  help  me  God."     The  registry  books  shall  be  open 
at   all   times   to   the   inspection  of  any   electors  of  the   district. 
(Act  approved  March  6,  1897,  Sec.  14).     (5th  Sess.  143). 
Hans wirth  v.  Mueller,  25  Mont.  162 ;  64  Pac.  326. 

865.  Duty  of  Registry  Agents. — The  county  commissioners 
in  establishing  the  voting  precincts  and  registry  precincts  shall  so 
arrange  them  that  each  voting  precinct  in  which  the  polling  place 
shall  be  established  shall  be  composed  of  a  certain  number  of 
designated  registry  precincts.  On  the  next  day  succeeding  that 
on  which  the  registration  is  closed  each  registry  agent  shall 
deliver  to  the  county  clerk  of  his  or  her  county  his  or  her  official 
registry  duly  certified  by  himself  or  herself.  The  principal 
registry  agent  of  each  district  shall  immediately  enter  upon  the 
work  of  making  therefrom  official  check  lists.  He  or  she  shall 
copy  into  books  to  be  provided  for  that  purpose  and  to  be  known 
as  the  official  check  lists  for  each  election  precinct,  designating 
the  number  of  the  voting  precinct  thereon,  all  the  names  in 
alphabetical  order  contained  in  the  several  official  registers  which 
have  been  returned  from  the  several  registry  precincts  within 
said  voting  precinct,  together  with  the  other  entries  contained 


STATE  OF  MOXTA: 


n  the  official   registers  and  shall  complete  the  making  of  one 

I  official  check  list  in  such  manner  for  each  election  or  voting 
Drecinct  which  has  been  established,  within  five  days.  The 
:ounty  commissioners  shall  allow  him  or  her  such  assistance  as 
nay  be  necessary  to  complete  such  official  check  list  within  such 
time.  When  he  or  she  has  completed  the  official  list  he  or  she 
shall  verify  each  of  them  by  his  oath,  that  the  same  is  correct 
according  to  his  or  her  best  information,  knowledge  and  belief 
and  deliver  the  same  with  all  official  registers  to  the  county 
clerk  who  shall  on  the  day  of  election  at  or  before  the  time  for 
the  polls  to  open,  deliver  the  official  check  list  for  each  election 
precinct  or  polling  place  to  one  of  the  judges  thereof  at  such 
polling  place.  (Act  approved  March  9,  189)7,  Sec  14).  (5th 
Sess.  145). 

866.  Expenses  of  Election. — All  the  expenses  necessarily  in- 
curred in  the  matter  of  holding  elections  for  school  trustees  shall 
be  paid  out  of  the  school  funds  of  the  district.  For  districts  of 
the  first  class  the  county  commissioners  shall  provide  all  the 
stationery,  books  and  supplies  and  all  bills  and  claims  therefor 
and  for  the  expenses  of  such  election  shall  be  presented  to  and 
allowed  by  the  board  of  county  commissioners  when  audited  by 
the  county  auditor  as  other  claims,  and  said  board  shall  there- 
upon cause  the  same  to  be  certified  and  delivered  by  the  county 
clerk  to  the  proper  board  of  school  trustees,  who  shall  cause  the 
same  to  be  paid  out  of  the  school  funds  of  the  district  as  other 
school  expenses  are  paid.  All  registry  agents  shall  receive  the 
sum  of  four  dollars  per  day  each  for  the  time  which  they  shall 
be  engaged  in  work  of  registration ;  judges  of  election  in  districts 
of  the  first  class  shall  receive  not  to  exceed  five  dollars  per  day 

Kch  for  all  services  connected  with  the  election.  Judges  of 
action  in  other  districts  shall  receive  no  compensation.  The 
mpensation  hereby  provided  shall  be  paid  in  the  same  manner 
as  other  claims.  (Act  approved  March  6th,  1897,  Sec.  14).  (5th 
ess.  143-6). 

S<  .7.  Bond  and  Compensation  of  Trustees. — Every  school  trus- 
in  a  district  <»f  the  first  class,  provided  said  district  shall  have 
a  population  not  less  than  twenty  thousand,  shall  give  an  official 
bond  in  the  sum  of  ten  thousand  dollars,  for  the  faithful  dis- 
charge of  his  or  her  duties,  which  bond  shall  be  approved  by  the 
district  judge  and  filed  with  the  county  clerk,  and  every  such 
trustee  shall  be  entitled  to  receive  out  of  the  school  funds  of  the 


I 


100 


GENERAL  SCHOOL  LAW 


district  the  sum  of  four  dollars  for  each  meeting  of  trustees,  which 
he  or  she  shall  attend  in  giving  the  necessary  attention  to  school 
business,  not  exceeding  however,  one  meeting  each  week,  and 
he  shall  receive  no  compensation  for  his  attendance  at  any  meet- 
ing unless  he  or  she  attends  throughout  its  entire  session.  The 
compensation  here  provided  shall  be  audited  and  allowed  by  the 
board  of  trustees  and  entered  upon  their  records.  (Act  ap- 
proved March  3rd,  1899).  (6th  Sess.  58-9). 
State  v.  Long,  21  Mont.  33;  52  Pac.  647. 


AjRTICLE  V. 

Board  of  Trustees. 

Section  868.  Powers.     Quorum. 

Section  869.  Term. 

Section  870.  Trustees  of  new  district. 

Section  871.  Annual  meeting.     Clerk.     Bond. 

Section  872.  Meeting  of  board. 

Section  873.  Financial  statement. 

Section  874.  Chairman.     Rules. 

Section  875.  Powers  and  duties. 

Section  876.  Pupils  may  attend  in  any  district. 

Section  877.  Transportation  of  pupils. 

Section  878.  Duties  concerning  out  houses. 

Section  879.  Same. 

Section  880.  Penalty. 

Section  881.  Power  over  property. 

Section  882.  Shall  not  be  interested  in  contracts. 

Section  883.  Liability. 

Section  884.  May  establish  high  schools. 

Section  885.  Misdemeanor.     Penalty. 

Section  886.  Re-payment  of  loans. 

Section  887.  Must  procure  American  flags. 

Section  888.  Flags  to  be  displayed. 

Section  889.  Expenses   of   flags. 

Section  890.  Refunding  bonds. 

Section  891.  Disposal  of  proceeds  of  bonds. 

Section  892.  District  responsible  on  bonds. 

Section  893.  Must  levy  tax  for  interest,  etc. 

Section  894.  Redemption  of  bonds. 

Section  895.  Payment  of  interest. 

Section  896.  Preparation  of  bonds. 

Section  897.  Felony.     Penalty. 

Section  898.  Surplus  money  used  for  building. 

868.     (Sec.    1790.)     Powers.     Quorum. — Except   when    other 


STATE  OF  MONTANA.  101 

\  *ise  authorized  by  law  every  school  district  is  under  the  control 
(  f  a  board  of  school  trustees,  consisting  of  three  members,  a 
i  lajority  of  which  constitutes  a  quorum  for  the  transaction  of 
1  usiness.  (Act  approved  March  n,  1895). 

Campana  v.  Calderhead,  17  Mont.  551;   44  Pac.  84. 

869.  (Sec.   1791.)     Term. — The  term     of     office     of     school 
*  "ustees  is  three  years  from  the  third  Saturday  next  succeeding 
•heir  election.     (Act  approved  March  n,  1895). 

870.  Sec.    1792.)     Trustees  of  New  District. — When  a   new 
.istrict  is  organized,  such  trustees  of  the  old  as  reside  within 
he  limits  of  the  new  one  shall  be  trustees  in  the  new  district, 

;  nd  the  county  superintendent  must  appoint  the  remaining 
rustees  for  the  new  and  the  old  districts,  who  shall  hold  office 
tntil  the  next  annual  school  election.  (Act  approved  March  II, 

895). 

871.  Annual    Meeting.     Clerk.     Bond. — The    school    trustees 
•hall  meet  annually  on  the  third  Saturday  in  April,  and  organize 
)y  choosing  one  of  their  number  chairman,  and  *a  competent 
>erson,  not  a  member  of  the  board  as  clerk.     In  districts  of  the 
irst  class,  the  clerk  before  entering  upon  the  duties  of  his  office, 
>hall   be   required   to  give   an   official   bond   in   the   sum   of  ten 
:housand  dollars  conditioned  for  the  faithful  performance  of  his 
luties  and  to  be  approved  and  filed  as  other  official  bonds.     (Act 
approved  March  3,  1899,  Sec.  4.)      (6th  Sess.  59.) 

872.  Meeting  of  Board. — The  board  shall  hold,  in  districts  of 
the  first  class  at  least  one  and  not  more  than  five  meetings  each 
month  for  the  transaction  of  its  business ;  and  in  all  districts 
at' least  four  meetings  each  year  shall  be  held,  to-wit :     On  the 
third  Saturdays  of  April,  July,  October,  and  January,  at  such 
places  and  hours  as  shall  be  fixed  by  the  board.     A  special  meet- 
ing of  the  board  may  be  held  upon  the  call  of  the  chairman  or 
of  any  two   members  of  the  board  at  least  forty-eight  hours 
written  notice  shall  be  given  to  each  member  of  the  board  of 
any  special  meetings,  and  no  business  transaction  by  the  board 
shall  be  valid,  unless  transacted  at  a  regular  or  special  meeting 
thereof.     (Act    approved    March    3,    1899.    Sec.    5).     (7th    Sess. 

59). 

873.  (Sec.   1795).     Financial  Statement. — In  school  districts 
in  which  the  funds  shall  equal  or  exceed  twenty-five  thousand 
dollars  in  each  year,  there  shall  be  published  in  the  newspaper, 
which  has  contracted  to  do  the  public  printing  in  the  county  in 


102  GENERAL   SCHOOL  LAW 

which  the  district  is  located  between  the  first  and  tenth  day  of 
June  of  each  year,  and  between  the  first  and  tenth  day  of 
December  each  year  a  financial  statement  covering  the  six  pre- 
ceding months,  showing  in  detail,  the  amount  of  money  received, 
the  amount  paid  out,  and  for  what  purpose  it  was  so  paid, 
and  the  balance  in  the  county  treasurer's  hands  to  the  credit 
of  the  district  at  the  time  of  the  making  of  the  statement.  The 
costs  of  such  publications  shall  be  paid  by  order  of  the  board  of 
school  trustees  out  of  their  respective  school  funds,  and  the  price 
paid  must  not  exceed  per  folio  that  allowed  by  the  county  com- 
misisoners  for  the  publication  of  the  financial  statement  of  the 
county  treasurer.  (Act  approved  March  u,  1895). 

874.  (Sec.    1796.)     Chairman.     Rules. — The    chairman    shall 
preside  at  all  the  meetings  of  the  board,  and  shall  perform  such 
duties  as  usually  pertain  to  such  officer,  and  in  accordance  with 
the  customary  rules  of  order.     (Act  approved  March  n,  1895). 

875.  Powers  and  Duties. — Every  school  board  unless  other- 
wise especially  provided  by  law  shall  have  power  and  it  shall 
be  its  duty: 

I.  To  prescribe  and  enforce  rules  not  inconsistent  with  law, 
or  those  prescribed  by  the  superintendent  of  public  instruction 
for  their  own  government  of  schools  under  their  supervision. 

2..  To  employ  or  discharge  teachers,  mechanics  or  laborers 
and  to  fix  and  order  paid  their  wages;  to  determine  the  rate  of 
tuition  of  non-resident  pupils,  and  to  fix  the  compensation  to 
be  allowed  the  clerk  for  the  time  necessarily  spent  in  the  ser- 
vice of  the  district,  as  required  by  law,  or  as  directed  by  the 
board. 

3.  To  enforce  the  rules  and  regulations  of  the  superintendent 
f\  of  public  instruction  for  the  government  of  schools,  pupils  and 

teachers  and  to  enforce  the  course  of  study. 

4.  To  provide  for  school  furniture  and  for  everything  needed 
in  the  school  house  or  for  the  use  of  the  school  board. 

5.  To  rent,  repair  and  insure  school  houses. 

^    '     "  *  sell 

hen  directed  "by  a  vote  of  the  people  so  to  do. 

— 7: — JLU  HUIU  in  trUs!  for  their  district  all  real  or  personal  pro- 
perty for  the  benefit  of  the  school  thereof. 

8.  To  suspend  or  expel  pupils  from  school  who  refuse  to 
obey  the  rules  thereof,  and  to  exclude  from  school,  children 


STATE  OF  MONTANA. 


103 


t  rider  six  years  of  age  where  the  interest  of  the  school  requires 
s-  ich  exclusion. 

9.  To   provide   books   for   indigent   children   on   the   written 
j-:atement  of  the  teacher  that  the  parents  of  such  children  are 
i  ot  able  to  purchase  them. 

10.  To  require  all  pupils  to  be  furnished  with  suitable  books 
.  s  a  condition  of  membership  in  the  school. 

11.  To  exclude  from  school  and  school  libraries,  all  books, 
racts,  papers  and  other  publications  of  immoral  and  pernicious 
lature. 

12.  To  require  teachers  to  conform  to  the  law. 

13.  To  make  an  annual  report,  as  required  by  law,  to  the 
:ounty  superintendent  on  or  before  the  first  day  of  October  in 
;ach  year,  in  the  manner  and  form  and  on  the  blanks  prescribed 
md  furnished  by  the  superintendent  of  public  instruction. 

14.  To  make  a  report  directly  to  the  superintendent  of  public 
nstrtiction  whenever  instructed  by  him  to  do  so. 

15.  To  determine  what  branches,  if  any,  in  addition  to  those 
required  by  law  shall  be  taught  in  any  school  in  the  district, 
subject  to  the  approval  of  the  county  superintendent. 

16.  To  visit  every  school  in  their  district  at  least  once  in  each 
term  and  to  examine  carefully  into  its  management,  condition 
and  want.     This  clause  applies  to  each  of  the  trustees. 

17.  To  provide  for  each  school  house  separate  out  houses 
for  the  sexes.     (Act  approved  March  8th,   1897,  Sec  5).     (5th 
Sess.  130-131). 

Campana  v.  Calderhead,  17  Mont.  548;  44  Pac.  83. 

876.  Pupils  May  Attend  in  Any  District. — Whenever  a  pupil 
residing  in  one  district  desires  to  attend  school  in  another  dis- 
trict, such  pupil  shall  be  permitted  to  do  so;  Provided,  that  the 
board  may  refuse  pupils  from  such  districts  upon  the  ground 
of  insufficient  room ;  and  provided  further,  that  any  board  of 
trustees  may  in  their  discretion,  transfer  school  moneys  due  by 
apportionment  to  such  pupils  to  the  district  in  which  they  may 
attend  school.     (Act  approved  February  24th,  1903).     (8th  Sess. 
Chap.  26). 

877.  Transportation   of   Pupils. — That  the    trustees    of    any 
school  district  in  the  State  of  Montana  may,  when  they  shall 
deem  it  for  the  best  interest  of  all  the  pupils  residing  in  such 
district   close  their  school  and   send  the  pupils  of  the  district  to 
another  district,   and   for  such   purpose  are   hereby  empowered 


104  GENERAL  SCHOOL  LAW 

to  expend  any  moneys  belonging  to  their  district  for  the  pur- 
pose of  paying  for  the  transportation  of  the  pupils  from  their 
district  to  such  other  districts  and  paying  their  tuition.  (Act 
approved  March  5th,  1903).  (8th  Sess.  Chap.  68). 

878.  (Sec.  1798.)     Duties  Concerning  Outhouses. — It  is  here- 
by made  the  duty  of  the  school  trustees  of  all  school  districts 
ir   this  state  to  provide  separate  privies  or  outhouses  for  the 
use  of  the  sexes  at  all  school  houses  where  the  same  do  not  exist, 
and  to  see  that  the  same  are  kept  in  good  repair,  and  in  a  clean 
condition.     Such  privies  or  outhouses  must  be  located  and  built 
in  such  manner  as  to  secure  privacy.     In  all  cases  where  there  is 
no  fence  dividing  the  play  yards  of  the  sexes,  the  privies  or  out- 
houses herein  named  shall  be  separate  and  distinct  buildings, 
and  situated  at  least  twenty  feet  apart.     (Act  approved   Feb. 
25,  1893). 

879.  (Sec.  1799.)     Same. — It  shall  be  the  duty  of  all  trustees, 
teachers,  janitor  or  janitors  of  school  districts  to  see  that  all 
privies  or  outhouses  are  kept  in  good  repair  and  in  a  clean  condi- 
tion.    (A'ct  approved  Feb.  25,  1893). 

880.  (Sec.  1800.)     Penalty. — Any  trustee  or  trustees,  teacher, 
janitor  or  janitors  failing  to  comply  with  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  convic- 
tion thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars  or  imprisoned  in  the  county  jail  not  exceeding  ninety 
days  or  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court.     (Act  approved  Feb.  25,  1893). 

88 1.  (Sec.    1801.)     Powers    Over    Property. — The    board    of 
trustees  of  each  school  district  shall  have  custody  of  all  school 
property  belonging  to  the  district,  and  shall  have  power  in  the 
name  of  the  district,  or  in  their  own  names  as  trustees  of  the  dis- 
trict, to  convey  by  deed  all  the  interest  of  their  district  in  or 
to  any  school  house  or  lot  directed  to  be  sold  by  vote  of  the 
district  and  all  conveyances  of  real  estate  made  to  the  district 
or  to  the  trustees  thereof,  shall  be  made  to  the  board  of  trustees 
of  the  district  and  to  their  successors  in  office ;  said  board,  in 
the  name  of  the  district  shall  have  power  to  transact  all  busi- 
ness necessary  for  maintaining  schools  and  protecting  the  rights 
of  the  district.     (Act  approved  March  u,  1895). 

Sec.  882.  It  shall  be  unlawful  for  any  school  trustee  to  have 
any  pecuniary  interest,  either  directly  or  indirectly,  in  any  erec- 
tion of  school  houses,  or  for  warming,  ventilating,  furnishing, 


STATE  OF  MONTANA.  105 

r  repairing  the  same,  or  be  in  any  manner  connected  with  the 

Iarnishing  of  supplies  for  the  maintenance  of  the  schools,  or  to 
eceive  or  to  accept  any  compensation  or  reward  for  services 
:  endered  as  trustee.  No  board  of  school  trustees  shall  let  any 
ontract  for  building,  furnishing,  repairing,  or  other  work,  for 
he  benefit  of  the  district,  where  the  amount  involved  is  two 
uindred  anH  fift"  ri^n  — 

c. IBOv. ^Liability. --Any  board  of  trustee* 

liable  ac  trustees, in  the  none  of 
>icttfor  -<ny  judgment  against  the  <  UtCT  It* 
>r  any  salary  due  any  teac«\*r  on  contra   f 
»U  debt*  legally  contracted  under  the  pro- 

of  this  titlefand  they  shall  pay  »u<. 
ta  or  liabilities  out  of  the  ac"; 
to  the  credit  of  such  district* (Act  ap- 
d  JUurith  11,  1895*1 

fc  ^HuiAA<.  IL  d.  uoara  ot  trustees  may 

establish  a  high  school,  employ  a  principal  teacher  and  subordi- 
nate teachers,  and  grade  the  school  into  departments  and  classes. 
(Act  approved  March  u,  1895). 

885.  (Sec.   1805.)        Misdemeanor.        Penalty. — When    any 
school  officer  is  suspended,  by  election  or  otherwise,  he  shall 
immediately  deliver  to  his  successor  in  office  all  books,  papers, 
and  moneys  pertaining  to  his  office ;  and  such  officer  who  shall 
refuse  to  do  so,  or  who  shall  wilfully  mutilate  or  destroy  any 

uch  books  or  papers,  or  any  part  thereof,  or  who  shall  misapply 
y  moneys  intrusted  to  him  by  virtue  of  his  office,  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine,  in  the 
discretion  of  the  court,  not  exceeding  one  hundred  dollars.  (Act 

pproved  March  n.  1895). 

886.  (Sec.  1806.)     Repayment  of  Loans. — Whenever  hereto- 
re  money  has  been  loaned  or  advanced  to  the  board  of  school 

trustees  of  any  district,  for  the  erection  of  a  school  house  or 
hool  houses  therein,  by  any  person  or  corporation,  in  reliance 
><>n  the  proceeds  of  the  sales  of  bonds  for  the  repayment  of  the 
same,  the  issuance  of  which  bonds  have  been  voted  for  by  a 
majority  of  the  electors  of  such  district,  voting  at  an  election 
held  for  the  purpose  of  authorizing  the  issuance  of  the  same 
for  the  erection  of  a  school  house  or  school  houses,  which  said 


:: 

glJ 

: 

tr 

- 


106  GENERAL  SCHOOL  LAW 

money  has  been  used  by  such  board  of  school  trustees  in  the 
erection  of  a  school  house  or  school  houses  in  such  district,  but 
which  bonds  when  issued  have  been  adjudged  and  held  to  be  void 
or  invalid  by  the  supreme  court  of  the  state,  the  money  so  loaned 
or  advanced  may  be  repealed,  together  with  the  interest  thereon 
covering  the  period  for  which  interest  has  not  been  paid,  at  the 
rate  specified  in  said  bonds  so  held  to  be  void ;  said  payment  to 
be  made  by  the  board  of  school  trustees  to  the  person  or  corpora- 
tion who  or  which  had  loaned  or  advanced  the  same,  from  the 
proceeds  of  the  sale  of  any  bonds  thereafter  issued  for  the  pur- 
pose of  building  one  or  more  school  houses  in  said  district,  or 
for  any  other  school  purpose.  (Act  approved  Feb.  18,  1905.) 

887.  (Sec.  1807.)     Must  Procure  American  Flags.— That  the 
trustees  of  the  several  school  districts  of  the  State  of  Montana, 
shall  within  ninety  days  from  and  after  the  passage  of  this  Act, 
procure  by  purchase  or  donation,  an  American  flag  with  accom- 
panying necessary  poles  and  ropes,  etc.,  for  each  and  every  school 
house  in  their  respective  districts.     Said  flags  shall  be  of  dimen- 
sions not  less  than  four  or  six  feet,  and  they  shall  be  made  from 
durable  material.     (Act  approved  Feb.  26,  1895). 

888.  (Sec.    1808.)     Flags  to  be   Displayed.— It  shall   be   the 
duty  of  the  school  trustees  to  cause  said  flags  to  be  displayed 
over  such  school  houses  every  day  during  the  sessions  thereof, 
provided  the  weather  is  such  as  to  permit  the  display  without 
injury  to  the  flags.       (Act  approved  Feb.  26,  1895). 

889.  (Sec.   1809.)     Expenses  of  Flags. — The  school  trustees 
are  hereby  authorized  and  empowered  to  use  such  portion  of 
the   school   funds   as   remain   in  their   hands   and  which   is  not 
otherwise   appropriated,   for  the   purchase  and   erection   of   the 
flags,  poles,  etc.     (Act  approved  Feb.  26,  1895). 

890.  Refunding  Bonds. — The  school  trustees  of  any  school 
district  of  the   State  of  Montana,   shall  have,  and  are   hereby 
given  in  addition  to  the  power  already  conferred  on  them,  author- 
ity to  issue  on  the  credit  of  their  respective  districts,  coupon 
bonds,  (and  sell  or  dispose  of  the  same)  for  the  purpose  of  pro- 
viding the  necessary  funds  to  pay     maturing,     redeemable,  or 
optional  bonds,  under  the  following  conditions,  to-wit: 

1.  When  there,  is  not  sufficient  money  to  the  credit  of  the 
school  district  applicable  to  pay  any  of  said  bonds. 

2.  When  in  the  judgment  of  the  school  trustees  to  levy  and 
collect  a  special  tax  for  the  purpose  of  paying  any  of  said  bonds, 


STATE  OF  MONTANA. 


107 


Iuld  be  a  hardship  and  a  burden  to  the  school  district. 
j.  All  bonds  issued  under  the  provisions  of  this  section  of 
of  this  Act  shall  bear  upon  their  face  the  words  "Refunding 
S<  hool  Bonds"  and  shall  also  recite  in  the  body  of  the  bond  that 
"t  lis  bond  is  issued  for  the  purpose  of  providing  funds  to  pay 
n  ituring  and  outstanding  bonds." 

4.  Said  bonds  shall  bear  interest  at  a  rate  not  to  exceed  six 
p  r  cent  per  annum  (and  interest  may  be  payable  semi-annually) 
a   cl  payable  and  redeemable  within  a     period     not     exceeding 
t  /enty  years  from  the  date  of  issue ;  provided  said  bonds  shall 
n  )t  exceed  in  amount  the  face  value  of  the  bonds  (and  any  ac- 
c  ued  interest  thereon)  which  they  are  issued  to  replace. 

5.  The  trustees  shall  fix  the  denominations,  term,  rate  and 
f  >rm  of  said  bonds  not  inconsistent  with  the  requirements  here- 
i  ibefore  set  forth;  and  may  issue,  dispose  of  or  sell  such  bonds 
a  t  any  time  deemed  necessary  and  expedient  to  enhance,  preserve 
and  maintain  the  credit  of  their  respective  districts. 

6.  Said  bonds,  when  offered  for  sale,  shall  be  advertised  for 
sale  in  not  less  than  one  newspaper  of  general  circulation,  pub- 
l.shed  in  the  State  of  Montana,  for  a  period  of  not  less  than  four 
weeks  preceding  the  date  fixed  for  sale  of     said     bonds;     said 
advertisement  shall  briefly  describe  the  bonds,  stating  the  time 
when,  and  the  place  where  said  sale  shall  take  place;  Provided 
ihat  said  bonds  shall  not  be  sold  at  less  than  their  par  value, 
and  the  trustees  are  authorized  to  reject  any  bids  made,  and  sell 
said  bonds  at  private  sale,  or  exchange  the  same  for  outstanding 
)onds,  if  they  deem  for  the  best  interests  of  the  district  so  to 
io,  and  it  shall  not  be  necessary  to  hold  any  election  or  submit 
the  matter  of  the  issuance  of  the  bonds  authorized  by  this  sec- 
tion of  this  Act,  to  the  electors  of  the  school  district. 

7.  Said  bonds  and  coupons  (attached)  shall  be  signed  by  the 
chairman  of  the  board  of  trustees  and  the  school  clerk  of  the 
district,   provided,   a   lithographic   or  engraved   facsimile   of   the 
signatures  of  the  chairman  and  clerk  may  be  affixed  to  the  cou- 
pons, only  when  so  recited  in  the  bonds,  and  the  corporate  seal 
of  the  school  district  shall  be  affixed  to  each  bond. 

8.  Each   bond   so  issued  shall   be  registered  by   the  county 
treasurer  of  the  county  wherein  such  school  district  is  located, 
in  a  book  provided  for  the  purpose,  which  shall  show  the  date, 
number,  term  and  amount  of  each  bond,  and  the  person  or  per- 
sons to  whom  the  bonds  are  issued  and  sold.     (Act  approved 


II 


108  GENERAL  SCHOOL  LAW 

March  I4th,  1901,  Sec.  i.)      (7th  Sess.  124-5). 

891.  (Sec.   1811.)     Disposal     of     Proceeds     of     Bonds. — All 
moneys  arising  from  the  sale  of  said  bonds  shall  be  paid  forth- 
with into  the  treasury  of  the  county  in  which  said  school  dis- 
trict is  located,  and  shall  be  immediately  available  to  apply  for 
the  purpose  authorized  and  no  other  purpose.     (Act  approved 
March  2,  1895). 

892.  (Sec.  1812.)     District  Responsible  on  Bonds.— The  faith 
of  each  school  district  is  solemnly  pledged  for  the  payment  of 
the  interest  and  redemption  of  the  principal  of  the  bonds  which 
shall  be  issued  under  this  Act.      And  for  the  purpose  of  enforcing 
the  provisions  of  this  Act,  each  school  district  shall  be  a  body 
corporate,  which  may  sue  and  be  sued  by,  or  in  the  name  of 
the  board  of  school   trustees  of  such  district.     (Act  approved 
March  2,  1895). 

893.  (Sec.    1813.)     Must  Levy  Tax  for  Interest,  Etc.— The 
school  trustees  of  each  district  shall  ascertain  the  amount  and 
levy  annually,  a  tax  necessary  to  pay  the  interest,  when  it  be- 
comes due,  and  provide  a  sinking  fund  to  redeem  the  bonds  at 
their  maturity;  and  said  tax  shall  become  a  lien  upon  the  prop- 
erty in  said  school  district  and  be  collected  in  the  same  manner 
as  other  taxes  for  school  purposes.     (Act  approved   March  2, 

1895.) 

894.  (Sec.  1814.)     Redemption  of  Bonds. — When  the  sum  in 
said  sinking  fund  shall-  equal  or  exceed  the  amount  of  any  bond 
then  due,  the  county  treasurer  shall  post  in  his  office  a  notice 
that  he  will,  within  thirty  days  from  the  date  of  such  notice, 
redeem  the  bonds  then  payable,  giving  the  number  thereof,  and 
the  bonds  bearing  the  lowest  number  shall  be  redeemed  first, 
in  their  order;  and  provided,  that  such  redemption  shall  be  made 
at  some  regular  interest  period  as  set  forth  in  the  bond ;  and  if 
at  the  expiration  of  the  said  thirty  days  the  holder  or  holders 
of  said  bonds  shall  fail  or  neglect  to  present  the  same  for  pay- 
ment, interest  thereon  shall  cea*se  but  the  treasurer  shall  at  all 
times  thereafter  be  ready  to  redeem  the  same  on  presentation, 
and  when  any  bond  or  bonds  shall  be  so  purchased  or  redeemed, 
the   county  treasurer  shall   cancel   all  bonds   so  purchased   and 
redeemed,  by  writing  or  stamping  across  the  face  of  such  bond 
or  bonds,  in  ink,  the  words,  "Redeemed  and  Cancelled,"  and  the 
date   of   such    redemption.     And   the   bonds    paid   shall   be    ex- 
hibited  to   the   board    of   county   commissioners,    at   their   first 


STATE  OF  MONTANA.  109 

meeting  thereafter.     (Act  approved  March  2,  1895.) 

895.  (Sec.   1815.)     Payment  of  Interest. — The  county  treas- 
urer shall  pay  out  of  any  moneys  belonging  to  the  school  dis- 
trict, the  interest  upon  any  bonds  issued  by  authority  of  this 
Act,  by  such  district,  when  the  same  shall  become  due,  upon  the 
presentation  at  his  office,  of  the  proper  coupon,  which  shall  show 
the  amount  due,  and  the  number  of  the  bond  to  which  it  belongs ; 
and  all  coupons  so  paid  shall  be  cancelled  and  exhibited  to  the 
board  of  county  commissioners  at  their  first  meeting  thereafter. 
(Act  approved  March  2,  1895). 

896.  (Sec.   1816.)     Preparation  of  Bonds. — The  school  trus- 
tees of  any  school  district  shall  cause  to  be  printed  or  litho- 
graphed, at  the  lowest  rate,  suitable  bonds,  with  the  coupons 
attached,  when  the  same  shall  become  necessary,  and  pay  there- 
for out  of  any  moneys  in  the  county  treasury  to  the  credit  of 
said   school   district.     (Act  approved   March   2,   1891). 

897.  (Sec.   1817.)     Felony.     Penalty.— If  any  of    the    school 
trustees  of  any  district  shall  fail  or  refuse  to  pay  into  the  proper 
county  treasury  the  money  arising  from  the  sale  of  any  bonds 
provided  for  in  this  Act,  they  shall  be  deemed  guilty  of  a  felony 
and,  upon  conviction   thereof,  shall   be  punished  by  imprison- 
ment in  the  state  penitentiary  for  a  term  of  not  less  than  one 
year,  nor  more  than  ten  years.     (Act  approved  March  2,  1891). 

898.  (Sec.  1818.)     Surplus    Money    Used    for    Buildings. — 
County  school  moneys  may  be  used  by  the  county  superinten- 
dent and  trustees  for  the  various  purposes  as  authorized  and 
provided  in  this  article,  and  for  no  other  purpose,  except  that 
in  any  district,  any  surplus  in  the  general  school  fund  to  the 
credit  of  said  district,  after  providing  for  the  expenses  of  not 
less  than  eight  months'  school;  may  on  a  vote  of  the  qualified 
electors  of  said  district,  be  used  for  the  purpose  of  building  and 
improvement.     If  any  school  money  shall  be  paid  by  the  author- 
ity of  the  board  of  trustees  for  any  purpose  not  authorized  by 
this  section,  the  trustees  consenting  to  such  payment  shall  be 
liable  to  the.  district  for  the  repayment  of  such  sum  and  a  suit 
to  recover  the  same  may  be  brought  by  the  county  attorney  or 
if  he  shall  refuse  to  bring  the  same,  a  suit  may  be  brought  by 
any  tax  paying  elector  in  the  district.    (Act  approved  March  2 
1893)- 


110  GENERAL   SCHOOL  LAW 

ARTICLE  VI. 
District  Clerks. 

899.     Duties.     Compensation. — The    duties     of     the     district 
clerk  shall  be  as  follows : 

1.  To  attend  all  meetings  of  the  board  of  trustees;  but  if  he 
shall  not  be  present,  the  board  of  trustees  shall  select  one  of 
their  number  as  a  clerk  who  shall  certify  the  proceedings  of  the 
meeting  to  the  clerk  of  the  district,  to  be  recorded  by  him.     He 
shall  keep  his  record  in  a  book  to  be  furnished  by  the  board  of 
trustees  and  he  shall  preserve  a  copy  of  all  reports  made  to  the 
county  superintendent  and  safely  preserve  and  keep  all  books 
and  documents  belonging  to  his  office,  and  shall  turn  the  same 
over  to  his  successor. 

2.  To  keep  accurate  and  detailed  accounts  of  all  receipts  and 
expenditures  of  school  moneys.     At  each  annual  school  meeting 
the  district  clerk  shall  present  his  record  book  for  public  inspec- 
tion and  shall  make  a  statement  of  the  financial  condition  of  the 
district  and  of  the  action  of  the  trustees  and  such  record  must 
always  be  open  for  public  inspection.     (Act  approved  March  8, 
1897,  Sec  6.)      (5th  Sess.  131-132). 

3.  To  make  annually,  between  the  first  and  twentieth  day  of 
September  of  each  year,  an  exact  census  of  all  children  and  youth 
between  the  ages  of  six  and  twenty-one  years  residing  in  the 
district;  and  shall  specify  the  name,  sex,  age  and  date  of  birth 
of  such  children  and  the  names  of  their  parents  or  guardians. 
He  shall  take  specifically  and  separately,  a  census  of  all  children 
under  six  years  of  age  and  shall  specify  the  name,  sex,  age  and 
date  of  birth  of  such  children.     All  children  under  twenty-one 
years  of  age  who  may  be  absent  from  home  for  any  cause,  shall 
be  included  by  the  district  clerk  in  this  census  list  of  the  city, 
town  or  district  in  which  the  parents  reside.     He  shall  make  a 
full  report  thereof  on  the  blanks  furnished  for  this  purpose,  under 
oath,  to  the  county  superintendent  thereafter,  and  deliver  a  copy 
to  the  school  trustees.     For  taking  the  census  the  district  clerk 
shall  be  paid  by  the  board  of  trustees,  from  the  county  school 
money  to  the  credit  of  the  district  in  the  same  manner  as  other 
contingent  expenses  are  paid,  at  a  rate  not  exceeding  ten  cents 
for  each  child's  name  returned  by  him.     He  shall  receive  such 
other  compensation  for  other  services  as  may  be  allowed  by  the 
board  of  trustees.     In  case  any  district  clerk  shall  fail  to  take 
the  census  provided  in  this  Act,  at  a  proper  time,  and  if  through 


STATE  OF  MONTANA. 


Ill 


such  neglect  the  district  shall  fail  to  receive  its  apportionment  of 
school  moneys,  said  school  clerk  shall  be  individually  liable  to 
the  district  for  the  full  amount  so  lost,  and  it  may  be  recovered 
on  a  suit  brought  by  any  citizen  of  such  district,  in  the  name  of 
and  for  the  benefit  of  the  district.  (Act  approved  March  5, 
1907).  (roth  Sess.  Chap.  97). 


Section  901. 
Section  902. 
Section  903. 
Section  904. 
Section  905. 
Section  906. 
Section  907. 
Section  908. 
Section  909. 
Section  910. 


AJRTICLE  VII. 

Teachers. 

Certificate   of   qualification. 

Teacher's  report. 

Duties. 

Construction  of  teacher's   contract. 

Powers. 

Duties. 

Penalty. 

(Section  908.     Qualification,  as  to  age. 
Section  909.     Dismissal.     Appeal. 

Suspension  of  teacher's  certificate. 

901.  Certificate  of  Qualification. — No    person    shall    be    ac- 
counted as  a  qualified  teacher,  within  the  meaning  of  the  school 
law,  who  has  not  first  appeared  before  the  county  superintendent 
of  the  county  in  which  he  proposes  to  teach  and  received  a  cer- 
tificate setting  forth  his  qualifications;  or  who  has  not  received 
a  temporary  certificate  from  the  county  superintendent;  or  who 
has  not  a  state  certificate  or  life  diploma  from  the  state  board 
of  education,  or  a  certificate  from  some  other  county,  endorsed  by 
the  county  superintendent;  or  a  diploma  from  the  state  normal 
college,  provided,  that  special  certificates  may  be  granted  to  per- 
sons employed  to  teach  either  music,  elocution,  physical  culture, 
drawing,  modern  languages,  penmanship,  or  in  the  first  primary 
or  kindergarten  department ;  and  provided,  further,  that  nothing 
herein  contained  shall  be  so  construed  as  to  invalidate  any  cer- 
tificate now  in  force.     (Act  approved  March   5,   1903,  Sec.   i). 
(8th  Sess.  Chap.  79). 

902.  (Sec    iS-ji.)      Teacher's   Report. — Kvcry     teacher     em- 
ployed in  any  public  school  shall  make  an  annual  report  to  the 
county  superintendent  on  or  before  the  tenth  day  of  September 
next  after  the  close  of  each  school  year,  in  the  form  and  manner 
and  on   the  blanks  prescribed  by  the  superintendent  of  rAiblic 
instruction.     A  copy  of  such  report  shall  be  furnished  to  the  dis- 
trict clerk. 


incL  cit 


112  GENERAL  SCHOOL  LAW 

Any  teacher  who  shall  end  any  school  term  before  the  close 
of  the  school  year,  shall  make  report  to  the  county  superintendent 
immediately  after  the  close  of  such  term,  and  any  teacher  who 
may  be  teaching  any  school  at  the  close  of  the  school  year  shall 
in  his  or  her  annual  report,  include  all  statistics  from  the  school 
register  for  the  entire  school  year  notwithstanding  any  previous 
report  for  a  part  of  the  year.  Teachers  shall  make  such  addi- 
tional reports  as  shall  be  required  in  pursuance  of  law  by  the 
superintendent  of  public  instruction.  No  board  of  trustees  shall 
draw  any  order  or  warrant  for  the  salary  of  any  teacher,  for  the 
last  month  of  his  or  her  service,  until  the  reports  herein  required 
shall  have  been  made  and  received ;  Provided,  that  in  all  schools 
acting  under  the  direction  of  a  city  superintendent,  whose  report 
shall  be  accepted  by  the  county  superintendent,  teachers 
shall  be  required  to  report  to  such  superintendent  and  the 
trustees  in  lieu  of  the  teacher's  reports;  and  that  when  there 
is  no  city  superintendent,  the  report  of  the  principal  shall  be 
accepted  in  lieu  of  the  teacher's  reports.  (Act  approved  March 
n,  1895). 

Jay  v.  School  District,  24  Mont.  226;  61  Pac.  252.  Teachers 
must  make  these  annual  reports  and  are  required  to  report 
at  the  end  of  the  term  for  which  they  are  employed. 

903.  (Sec.  1842.)  Duties. — It  shall  be  the  duty  of  the  teacher 
of  every  public  school  in  this  state  to  keep,  in  a  neat  and  busi- 
ness like  manner,  a  daily  register  in  such  form  and  upon  such 
blanks  as  shall  be  prepared  by  the  superintendent  of  public 
instruction,  and  no  board  of  trustees  shall  draw  any  warrant  for 
the  salary  of  any  teacher  for  the  last  month  of  his  services  in 
the  school  at  the  end  of  any  term  or  year,  until  they  shall  have 
received  a  certificate  from  the  district  clerk  that  the  said  register 
has  been  properly  kept,  the  summaries  made  and  the  statistics 
entered,  or  until,  by  personal  examination,  they  shall  have 
satisfied  themselves  that  it  has  been  done.  Teachers  shall  faith- 
fully enforce  in  school  the  course  of  study  and  regulations  pre- 
scribed, and  if  any  teacher  shall  refuse  or  neglect  to  comply 
with  such  regulations,  then  the  board  of  trustees  shall  be  author- 
ized to  withhold  any  warrant  for  salaries  due,  until  such  teacher 
shall  comply  therewith.  No  teacher  shall  be  employed  except 
by  written  order  of  a  majority  of  the  board  of  trustees,  at  a  reg- 
ular or  special  meeting  thereof,  nor  unless  the  holder  of  a  legal 
teacher's  certificate,  in  full  force  and  effect.  (Act  approved 
March  n,  1895). 


STATE  OF  MONTANA.  113 

904.  (Sec.  1843.)     School  Month.     Legal  Holidays. — In  every 

ontract  between  any  teacher  and  board  of  trustees,  a   school 

nonth  shall  be  construed  as  twenty  school  days,  or  four  weeks  of 

ive  days  each,  and  no  teacher  shall  be  required  to  teach  school  on 

'hrustnias  day,  the  first  day  of  January,  the  fourth  day  of  July, 

he  twenty-second  day  of  February,  the  thirtieth  day  of  May,  the 

irst  Monday  in  September,  the  twelfth  day  of  February,  and  the 

lay  appointed  by  the  president  of  the  United  States  or  the  gover- 

lor  of  this  state  as  a  day  of  Thanksgiving.  And  no  deduction  from 

;he  teacher's  time  or  wages  shall  be  made  by  reason  of  the  fact 

that  a  school  day  happens  to  be  one  of  the  days  referred  to  in 

this  section.     Any  contract  made  in  violation  of  this  section  shall 

have  no  force  or  effect  as  against  the  teacher.     (Act  approved 

I-el).  25,  1909.) 

905.  (Sec.  1844.)     Powers. — Every  teacher  shall  have  power 
to  hold  every  pupil  to  a  strict  accountability  in  school,  for  any 
disorderly  conduct  on  the  way  to  school  or  during  intermission 
or  recess;  to  suspend   from  school  any  pupil  for  good  cause; 
Provided,  that  suspension  shall  be  reported  to  the  trustees  as 
soon  as  practicable  for  their  decision.     (Act  approved  March  II, 

1895). 

906.  Duties. — It  shall  be  the  duty  of  all  teachers  to  endeavor 
to  impress  on  the  minds  of  their  pupils  the  principles  of  morality, 
truth,  justice  and  patriotism;  to  teach  them  to  avoid  idleness, 
profanity  and  falsehood,  and  to  instruct  them  in  the  principles 
of  a  free  government,  and  to  train  them  up  to  a  true  compre- 
hension of  the  rights,  duties  and  dignity  of  American  citizen- 
ship.    (Act  approved  March  u,  1895). 

907.  (Sec.  1846.)     Penalty. — Any  teacher  who  shall  maltreat 
or  abuse  any  pupil  by  administering  any  undue  or  severe  punish- 
ment shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  before  any  court  of  competent  jurisdiction,  shall 
be  fined  in  any  sum  not  exceeding  one  hundred  dollars.     (Act 
approved  March  n,  1895). 

908.  (Sec.    1847.)     Qualification,   As  to  Age. — No   person   is 
eligible  to  teach  in  any  public  school  in  this  state,  or  to  receive 
a  certificate  to  teach,  who  has  not  attained  the  age  of  eighteen 
years.     (Act  approved   March   u,  1895). 

909.  (Sec.    1848.)     Dismissal.     Appeal. — In   the   case   of   the 
dismissal  of  any  teacher  before  the  expiration  of  any  written 
contract  entered  into  between  such  teacher  and  board  of  trustees 


114  GENERAL  SCHOOL  LAW 

for  alleged  unfitness  or  incompetence,  or  violation  of  rules,  the 
teacher  may  appeal  to  the  county  superintendent;  and  if  the 
superintendent  decides  that  the  removal  was  made  without  good 
cause,  the  teacher  so  removed  must  be  reinstated,  and  shall  be 
entitled  to  compensation  for  the  time  lost  during  the  pending 
of  the  appeal.  (Act  approved  March  n,  1895). 

910.  (Sec.  1849.)  Suspension  of  Teacher's  Certificate. — 
Should  any  teacher  employed  by  the  board  of  school  trustees 
for  a  specified  time,  leave  the  school  before  the  expiration  of 
such  time,  without  the  consent  of  the  trustees  in  writing,  said 
teacher  shall  be  guilty  of  unprofessional  conduct,  and  the  county 
superintendent  is  authorized,  upon  receiving  notice  of  such  fact, 
to  suspend  the  certificate  of  such  teacher  for  the  period  of  six 
months.  Should  such  teacher  be  the  holder  of  a  state  certificate 
or  life  diploma  the  county  superintendent  shall  report  the  de- 
linquency of  the  teacher  to  the  state  board  of  education  who  are 
thereupon  authorized  to  suspend  said  diploma  for  the  period  of 
one  year.  (Act  approved  March  n,  1895). 


HOUSE  BILL  74. 
Lincoln's  Birthday  Legal  Holiday. 

"An  A'ct  to  declare  the  twelfth  day  of  February  in  each  year 
to  be  a  legal  holiday,  to  be  known  and  designated  as  "Lincoln's 
Birthday". 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

That  the  twelfth  day  of  February  in  each  year  is  hereby  set 
apart  and  declared  to  be  a  legal  holiday,  to  be  known  and  desig- 
nated as  Lincoln's  Birthday. 

Section  2.  This  Act  shall  be  in  full  force  and  effect  from  and 
after  its  passage  and  approval. 

Approved    February    I3th,    1909. 


STATE  OF  MONTANA.  115 

HOUSE  BILL  31. 
"Columbus  Day."     Twelfth  day  of  October  a  public  holiday. 

"An  Act  to  declare  and  make  the  I2th  day  of  October  of  each 
and  every  year  a  public  holiday  to  be  known  as  "Columbus  Day." 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 

Montana: 

Section  i.  The  I2th  day  of  October  of  each  and  every  year 
is  hereby  made  and  declared  a  public  holiday  to  be  known  as 
"Columbus  Day,"  and  shall  be  recognized,  classed  and  treated 
as  other  legal  holidays  under  the  laws  of  this  state. 

Section  2.  This  Act  shall  be  in  full  force  and  effect  from  and 
after  its  passage  and  approval. 

Approved  February  i/th,  1909. 


HOUSE  BILL  97. 
Fire  drills  in  schools. 
Fire  alarm. 

Installation  of  fire  gongs. 
Misdemeanor. 
Penalty. 
Failure  or  refusal  to  give  instructions  a  misdemeanor. 

"An  Act  to  provide  for  fire  drills  in  the  schools  of  the  state". 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana: 

Section  i.  That  in  all  schools  of  the  state,  either  a  public  or 
private,  in  which  thirty  or  more  are  enrolled,  it  shall  be  the  duty 
of  the  teacher  or  teachers  therein  employed  to  instruct  the 
children  under  immediate  control  and  charge  once  each  week, 
during  school  terms,  in  a  fire. drill,  as  hereinafter  provided. 

Section  2.  A  fire  alarm  shall  be  given  by  striking  a  gong, 
and  immediately  upon  such  alarm,  the  children  shall  be  required 
to  immediattly  form  in  line  and  leave  the  building  in  an  orderly 
manner,  through  the  exit  and  exits  that  will  most  expeditiously 
clear  the  building.  There  shall  be  no  certain  day  of  the  week 
or  hour  of  the  day,  for  giving  such  alarm,  and  they  shall  be 
given  without  previous  warning  to  the  children. 

Section  3.  It  shall  be  the  duty  of  the  trustees  or  directors,  or 
other  persons  having  the  control  and  management  of  any  school 
building  of  the  class  mentionel  in  section  one  of  this  Act,  to  pro- 
vide one  or  more  gongs  therefor,  to  be  placed  in  such  a  manner 
that  any  teacher  may  give  an  alarm  without  leaving  the  room 


116  GENERAL  SCHOOL  LAW 

or  that  such  alarm  could  be  given  from  the  basement.  Each  mem- 
ber of  any  board  of  trustees  or  directors,  or  any  other  person, 
whose  duty  it  is  to.  install  said  gongs  as  herein  provided,  who 
fails  or  refuses  so  to  do  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  fined  not  less  than  five  nor  more  than 
fifty  dollars. 

Section  4.  Any  teacher  who  fails  or  refuses  to  instruct  in 
said  fire  drill  in  the  manner  provided  for  in  this  Act,  after  the 
the  installation,  as  above  provided,  shall  be  deemed  guilty  of 
a  misdemeanor  and  shall,  upon  conviction,  be  fined  not  less  than 
five  nor  more  than  twenty-five  dollars. 

Section  5.  All  Acts  and  parts  of  Acts  in  conflict  herewith 
are  hereby  repealed. 

Section  6.  This  Act  shall  be  in  full  force  and  effect  from  and 
after  July  ist,  1909. 

Approved  February  25,  1909. 


ARTICLE  VIII. 

Schools. 

Section  911.  Common  school  defined. 

Section  912.  Course  of  study. 

Section  913.  School  day. 

Section  914.  Sectarian   publications  forbidden. 

Section  915.  School  year. 

Section  916.  Free  kindergartens. 

Section  917.  Pupils. 

911.  (Sec.     1860.)       Common  School  Defined. — A  common 
school   is   hereby   defined   to  be  one  that  is   maintained   at   the 
public  expense  in  each  school  district,  and  under  the  supervision 
of  the  board  of  trustees.     Every  common  school  not  otherwise 
provided  for  by  law  shall  be  open  to  the  admission  of  all  children 
between  the  ages  of  six  and  twenty-one  years  residing  in  the 
school  district,  and  the  board  of  trustees  shall  have  the  power 
to   admit   children  not  residing  in  the   district   as   hereinbefore 
provided.     (Act  approved  March  n  1895). 

Campana  v.  Calderhead,  17  Mont.  551;   44  Pac.  84. 

912.  Course  of  Study. — All  common  schools  shall  be  taught 
in   the   English   language.     And   instructions   shall   be   given   in 
the  following  branches,     viz:     Reading,     penmanship,     written 
arithmetic,  mental  arithmetic,  orthography,  geography,  English, 
grammar,  physiology  and  hygiene.     With  special  references  to 


II 


STATE  OF  MONTANA.  117 

the  effect  of  alcoholic  stimulants  and  narcotics  on  the  human 
system. 

History  of  the  United  States  and  of  Montana. 

Also  a  system  of  humane  treatment  of  animals  as  embodied 
in  the  laws  of  Montana. 

Such  instruction  to  consist  of,  at  least,  two  (2)  lessons  of 
not  less  than  ten  minutes  each  per  week. 

The  principal  or  teacher  in  every  school  shall  certify  in  each 
of  his  or  her  reports  that  such  instruction  has  been  given  in  the 
school  under  his  or  her  control. 

Attention  must  be  given  during  the  entire  school  course  to 
the  cultivation  of  manners.  To  the  laws  of  health.  Physical 
t.  xercise.  Ventilation  and  temperature  of  the  school  room.  (Act 
Approved  Feb.  24th.  1903).  (8th  Sess.  Chap.  23). 

913.  School  Day. — The  school  day  shall  be  six  hours  in  length, 
exclusive  of  an  intermission  at  noon  ;  but  any  board  of  trustees 
in  any  district  having  a  population  of  five  hundred  or  more  may 
fix  as  the  school  day  a  less  number  of  hours  than  six ;  Provided, 
that  it  be  not  less  than  four  hours,  except  in  the  lowest  primary 
grades  where  the  pupils  may  be  dismissed  after  an  attendance 
of  two  hours.     (Act  approved  March  8th,  1897,  Sec.  7).     (5th 
Sess.  Chap.  132). 

914.  (Sec.     1863.)     Sectarian     Publications     Forbidden. — No 
publication  of  a  sectarian,  partisian  or  denominational  character 
must  be  used  or  distributed  in  any  school  or  be  made  a  part  of 
any  school  library;  nor  must  any  sectarian  or  denominational 
doctrines  be  taught  therein.     Any  school  district,  the  offijcers  of 
which  knowingly  allow  any  school  to  be  taught  in  violation  of 
these  provisions,  forfeits  all  rights  to  any  state  or  county  appor- 
tionment of  school  moneys;  and  upon  satisfactory  evidence  of 
such  violation,  the  superintendent   of     public     instruction  and 
county  superintendent  must  withhold  both  state  and  county  ap- 
portionments.    (Act  approved   March   n,   1895). 

915.  (Sec.  1764.)     School  Year. — The  school  year  shall  begin 
on  the  first  day  of  September,  and  end  on  the  thirty-first  day  of 
August.      (Act   approved    March   n,   1895). 

Jay  v.  School  District,  24  Mont.  229;   61  Pac.  253. 

916.  Free  Kindergarten. — The  school  board  of  any  school  dis- 
trict  in   the   state   shall   have   power  to  establish   and   maintain 
free  kindergartens  in  connection  with  the  public  schools  of  said 
district,  for  the  instruction  of  children  between   three  and   six 


118  GENERAL  SCHOOL  LAW 

years  of  age,  residing  in  said  district  and  shall  establish  such 
courses  of  training  study  and  discipline,  and  such  rules  and 
regulations  governing  such  preparatory  or  kindergarten  schools 
as  said  board  may  deem  best;  Provided,  that  nothing  in  this  Act 
shall  be  construed  to'change  the  law  relating  to  the  taking  of  the 
census  of  the  school  population  or  the  apportionment  of  state 
and  county  school  funds  among  the  several  counties  and  dis- 
tricts in  this  state;  Provided,  further,  that  the  cost  of  establish- 
ing and  maintaining  such  kindergartens  shall  be  paid  from  the 
school  funds  of  said  districts,  and  the  said  kindergartens  shall 
be  a  part  of  the  public  school  system  and  governed  as  far  as 
practicable  in  the  same  manner  and  by  the  same  officers  as  is 
now,  or  hereafter  may  be,  provided  by  law  for  the  government 
of  the  other  public  schools  of  the  state  ;Provided,  further  that 
the  teachers  of  kindergarten  schools  shall  pass  such  examination 
on  kindergarten  work  as  the  kindergarten  department  of  the 
state  normal  school  may  direct,  provided  that  a  certificate  from 
a  kindergarten  teacher's  institute  of  recognized  standing  shall 
be  recognized  by  the  state  normal  school.  (Ajct  approved  Feb- 
ruary 1 6th,  1899,  Sec.  i).  (6th  Sess.  64-5). 


SENATE  BILL  87. 
Dangerous   communicable  diseases. 
Mode  of  prevention  to  be  taught  in  public  schools. 
Duties  of  board  of  health  regarding. 
Duties  of  school  boards. 
Superintendent   and   teachers. 
Dismissal  for  neglect  to  comply  with  Act. 

School  board  refusing  to  comply  with  act  guilty  of  misdemeanor. 
All  public  schools  included. 

An  Act  to  provide  for  teaching  in  the  public  schools  the  modes 
by  which  the  dangerous  communicable  diseases  are  spread  and 
the  methods  for  the  restriction  and  prevention  of  such  diseases. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  i.  That  there  shall  be  taught  in  every  year  in  every 
public  school  in  Montana  the  principal  modes  by  which  each  of 
the  dangerous  communicable  diseases  are  spread,  and  the  meth- 
od for  the  restriction.,  and  prevention  of  each  such  disease  as 
small  pox,  diphtheria,  scarlet  fever,  measles,  tuberculosis,  chicken 
pox,  and  such  other  diseases  as  may  be  named,  and  attention 


STATE  OF  MONTANA. 


119 


:alled  to  same  by  the  board  of  heajth  of  this  state. 

Section  2.  That  said  board  shall  annually  send  to  the  public 
school  superintendents  and  teachers  throughout  the  state  printed 
data  and  statements  which  will  enable  them  to  comply  with  this 
Act. 

Section  3.  That  school  boards  are  hereby  required  to  direct 
superintendents  and  teachers  to  give  oral  and  black  board  in- 
struction using  the  data  and  statements  supplied  by  the  state 
board  of  health. 

Section  4.  That  neglect  or  refusal  on  the  part  of  any  super- 
intendent or  teacher  to  comply  with  the  provisions  of  this  Act 
shall  be  considered  a  sufficient  cause  for  dismissal  from  the 

!  school  by  the  school  board. 

Section  5.  That  the  member  of  any  school  board  who  shall 
wilfully  neglect  or  refuse  to  comply  with  any  provisions  of  this 
Act  shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  sub- 
ject to  punishment  by  fine  not  exceeding  one  hundred  dollars. 

Section  6.  That  this  Act  shall  apply  to  all  public  schools  in 
this  state  including  schools  in  cities  or  villages  whether  incor- 
porated under  special  charter  or  under  the  general  law. 

Approved  February  25,  1909. 

917.  (Sec.  1870.). — All  pupils  who  may  be  attending  public 
schools  shall  comply  with  the  regulations  established  in  pur- 
suance of  law  for  government  of  such  schools ;  shall  pursue  the 
required  course  of  study,  and  shall  submit  to  the  authority  of 
the  teachers  of  such  schools.  Continued  and  wilful  disobedience 
and  open  defiance  of  the  authority  of  the  teacher  shall  constitute 
good  cause  for  expulsion  from  school.  Any  pupil  who  shall  in 
any  way,  cut,  deface  or  otherwise  injure  any  school  house,  furni- 
ture, fences  or  outbuilding  thereof,  or  any  book  belonging  to 
other  pupils,  or  any  book  belonging  to  the  district  library,  shall  be 
liable  to  suspension  and  punishment,  and  the  parent  or  guardian 
of  such  pupil  shall  be  liable  for  damages,  on  complaint  of  the 
teacher  or  any  trustee  and  upon  proof  of  the  same.  (Act  ap- 
proved March  n,  1895). 


120 


GENERAL  SCHOOL  LAW 


ARTICLE  X. 

Free  County  High  Schools. 

Section  918.  Any  county  may  establish  free  high  schools. 

Section  919.  Petition  for  establishment  and   location. 

Section  920.  Election,  voting. 

Section  921.  Canvass  of  returns. 

Section  922.  Special  meetings   for   county   commissioners. 

Section  923.  Trustee's  oath,  bond  and  term  of  office;  vacancies. 

Section  924.  Quorum.     Officers  of  board. 

Section  925.  Tax  levy.     Bonds  for  buildings. 

Section  926.  Submission  to  electors  of  question  of  bond  isue. 

Section  927.  Payment  of  bonds. 

Section  928.  Assessment  for  maintenance. 

Section  929.  Record  of  board.     Warrants. 

Section  930.  Sites.     Leasing  buildings. 

Section  931.  'Employment  of  teachers. 

iSection  932.  Principal  may  make  rules. 

Section   933.  Courses   of   Study. 

Section  934.  Admission  of  pupils. 

Section  935.  Pupils  from  adjoining  counties. 

Section  936.  Compensation  of  trustees. 

Section  937.  Diploma  to  admit  to  state  collegiate  institutions. 

Section  938.  Prior  Acts  validated. 

Section  939.  Same. 

Section  940.  Bonds  legalized. 

918.  Any   County   May   Establish   Free   High   School. — Any 

county  in  the  state  may  establish  a  county  free  high  school  on 
the  condition  and  in  the  manner  hereinafter  prescribed,  for  the 
purpose  of  affording  better  educational  facilities  for  pupils  more 
advanced  than  those  attending  district  schools.  (Act  approved 
February  25,  1907,  Sec.  i).  (loth  Sess.  Chap.  29). 

919.  Petition    for    Establishment   and    Location. — Whenever 
one  hundred  freeholders  in  any  county  shall  petition  the  board 
of  county  commissioners,  requesting  that  a  high  school  be  es- 
tablished  in   their  county,   the   county   clerk   shall   give   twenty 
days  notice,  by  publication  in  the  official  paper  of  the  county, 
that  such  petition  has  been  filed,  and  that  any  village,  town  or 
city  may  become  a  candidate  for  the  location  of  said  high  school 
upon  petition  of  not  less  than  fifty  freeholders  of  said  village, 
town  or  city,  requesting  that  said  place  be  named  as  a  candidate 
for  the  location  of  said  high  school.     All  nominations  of  places 
for  the  location  of  said  school  shall  be  filed  with  the  board  of 
county  commissioners  within  thirty  days  from  the  date  of  the 
first  publication  of  said  notice.     Any  number  of  places  may  be 


STATE  OF  MONTANA. 


121 


andidates  for  the  location  of  said  school  but  no  freeholder  shall 
ppend  his  name  to  more  than  one  petition.  (Act  approved 
'ebruary  25,  1907,  Sec.  2).  (loth  Sess.  Chap.  29). 

920.  Election.     Voting. — At   the   expiration    of    thirty    days 
nun  the  date  of  the  first  publication  of  said  notice,  the  county 
ommissioners  shall  call  an  election  and  appoint  precinct  judges 
nd  clerks.     Said  election  shall  be  conducted  in  accordance  with 
he  general  election  laws  of  the  state.     The  county  clerk  shall 

•  ;ive  twenty  days  notice  of  such  election,  by  publication  in  the 
)fficial  paper  of  the  county,  that  the  question  of  establishing  a 
ounty  free  high  school  in  said  county,  and  the  location  thereof, 
vill  be  submitted  to  the  qualified  electors  of  said  county  at  a 
lesignated  time.  The  notice  shall  distinctly  specify  the  places 
vhich  are  candidates  in  the  forthcoming  election.  The  qualified 

I  Sectors  shall  vote,  by  ballot,  for  or  against  the  establishment 
)f  a  county  free  high  school,  and  any  elector  who  shall  vote 
for   the   establishment   of  a   county   free   high   school,   and   any 
elector  who  shall  vote  for  the  establishment  of  the  county  free 
high  school,  may  vote  for  not  more  than  one  of  the  places  named 
upon  said  ballot  as  a  candidate  for  the  location  of  said  school. 
The  ballot  shall  be,  substantially  in  the  following  form : 
For  a  County  High  School  at 
Helena, 
Marysville, 

Against  a  County  High  School 

An  elector  desiring  to  vote  for  the  establishment  of  a  high 
school,  shall  do  so  by  placing  an  X  before  the  name  of  the  town 
at  which  he  desires  the  high  school  to  be  located,  which  shall 
be  a  vote  in  favor  of  such  town.  An  elector  desiring  to  vote 
against  the  establishment  of  a  high  school  shall  do  so  by  placing 
an  X  before  the  clause  "Against  a  County  High  School",  and 
shall  not  vote  for  any  town.  (Act  February  25,  1907,  Sec.  3). 
(loth  Sess.  Chap.  29). 

921.  Canvass  of  Returns. — After  the  election,  the  ballots  on 
said  quest i«»n  shall  be  canvassed  in  the  manner  provided  for  gen- 
eral county  elections,  and.  if  the  vote  in  favor  of  establishing  a 
county   free   high   school   shall  be   a  majority  of  all   votes   cast 
upon  said  proposition,  the  board  of  county  commissioners  shall 
proceed  to  canvass  the  vote  for  the  different  candidates  for  the 
location  of  said  school,  and  the  village,  town  or  city  having  the 
largest  number  of  votes  for  the  location  of  said  school,  provided 


122  GENERAL  SCHOOL  LAW 

said  number  of  votes  be  a  majority  of  all  votes  cast  in  favor  of 
the  measure,  shall  be  declared  to  be  the  place  for  the  location 
thereof.  If  the  election  results  in  favor  of  establishing  such  high 
school,  and  any  candidate  for  its  location  has  a  majority,  the 
board  of  county  commissioners,  by  an  order  duly  entered  on 
their  minutes,  shall  so  declare  this  fact,  and  the  board  shall  im- 
mediately thereafter  appoint  six  persons,  residents  and  taxpayers 
of  the  county,  at  least  three  of  whom  shall  be  residents  of  the 
village,  town  or  city,  where  the  school  is  located,  who  shall,  with 
the  county  superintendent  of  schools,  constitute  a  board  of 
trustees  for  said  school. 

In  case  of  a  tie  vote  between  two  or  more  of  the  candidates 
having  the  highest  numbeV  of  votes  for  the  location  of  said  school 
the  county  commissioners  shall  immediately  call  another  elec- 
tion in  the  manner  provided  by  law  for  general  county  elections, 
at  which  the  only  question  to  be  submitted  shall  be  the  location 
of  said  school,  and  only  the  names  of  those  candidates  so  tied 
shall  appear  upon  the  ballot.  (Act  February  25,  1907,  Sec.  4). 
loth  Sess.  Chap.  29). 

922.  Special  Meetings  of  County    Commissioners. — If    such 
petition  is  filed  at  any  time  when  the  board  of  county  commis- 
sioners is  not  in  session,  the  county  clerk  shall  notify  the  com- 
missioners thereof,  and  a  special  meeting  shall  be  held  to  call 
the  necessary  election  herein  provided  for.     (Act  February  25, 
1907,  Sec.  5.)     (loth  Sess.  Chap.  29.) 

923.  Trustee's  Oath,  Bond  and  Term  of  Office;  Vacancies. — 
The  trustees  of  county  free  high  schools,    except    the    county 
superintendent  of  schools,  shall,  within  thirty  days  after  appoint- 
ment, qualify  by  taking  the  oath  of  office,  and  giving  such  bond 
as  may  be  required  by  the  board  of  county  commissioners  for 
the  faithful   discharge  of  their  duties.     Said  trustees,  first   ap- 
pointed, except  the  county  superintendent  of  schools,  shall  be 
divided   into   two   classes  of  three   each ;  the   term  of  office  of 
each  class  to  be  one  and  two  years  respectively,  the  respective 
terms  to  be  decided  by  lot.     The  term  of  office  of  those  in  the 
first  class  shall  expire  one  year  from  the  third  Saturday  in  April 
following  their  appointment,  and  the  term  of  those  in  the  second 
class,  shall  expire  two  years  from  the  third  Saturday  in  April 
following  their  appointment. 

The  county  commissioners  shall  appoint  three  trustees  at  their 
regular  quarterly  meeting  in  March  of  each  year,  and  shall  fill 


STATE  OF  MONTANA 


123 


2  1  vacancies  as  soon  as  practicable  after  the  same  occur. 

The  term  of  office  of  trustees,  other  than  the  county  superin- 

t  ;ndent  of  schools,  except  of  those  first  appointed,  as  hereinbe- 

f  >re  provided  shall  be  for  two  years  and  until  their  successors 

i  re  appointed  and  qualified.     Appointments  to  fill  vacancies  shall 

1  e  for  the  remainder  of  the  unexpired  term,  provided  that,  in 

••<  11   appointments  of  trustees  under  this  Act,  there  shall  be  at 

'.  iast  three  trustees  who  are  residents  of  the  village,  town  or 

•  ity  in  which  said  high     school     is     located.     Whenever     any 

acancy  occurs  in  said  board  of  trustees,  from  any  cause,  the 

ecretary  of  the  board  shall   immediately  certify  such  vacancy 

o  the  board  of  county  commissioners,  who  shall  fill  such  vacan- 

ies  within  sixty  days  thereafter.     Said  board  of  high  school 

rustees  shall  be  governed,  as  to  the  time  and  place  of  meeting, 

is  far  as  practicable,  by  the  provisions  of  the  general  school 

aw  of  the  state.     (Act  February  25,  1907,  Sec.  6).     (loth  Sess. 

Chap.  29). 

924.  Quorum.     Officers  of  Board. — A  majority  of  said  board 
shall  constitute  a  quorum  for  the  transaction  of  all  business.  At 
their  first  meeting  in  each  year  the  trustees  shall  choose,  from 
their  number,  a  president,  vice-president  and  a  secretary,  who 
shall  hold  office  for  one  year  or  until  their  successors  have  been 
appointed  and  qualified,  and  said  trustees  shall  have  authority 
to  make  all   necessary  rules   for  their  government,  not  incon- 
sistent with  the  law.     The  county  treasurer  of  the  county  shall 
be  the  treasurer  of  the  board  and  the  custodian  of  all  funds 
available  for  school  purposes  under  the  provisions  of  this  Act. 
Payments  shall  be  made  by  said  treasurer  upon  warrants  drawn 
against  said  funds  duly  signed  by  the  president,  or  vice-presi- 
dent  and   secretary.     (Act   February  25,    1907,   Sec.   7).     (loth 
Sess.  Chap.  29). 

925.  Tax  Levy.     Bonds  for  Buildings. — At  said  first  meeting, 
or  at  some   succeeding  meeting  called  for  such  purpose,  said 
trustees  shall  make  an  estimate  of  the  amount  of  funds  needed 
for  building  purposes,  for  payment  of  teachers'  wages  and  for 
payment  of  contingent  expenses  and  they  shall  present  to  the 
board  of  county  commissioners  a  certified  estimate  of  the  rate 
of  tax  required  to  raise  the  amount  desired  for  suofe  purposes, 
and  the  board  of  county  commisisoners    must  levy  such  tax  as 
as  other  county  taxes  are  levied.     But  in  no  case  shall  the  tax 
for  such  purpose  exceed  in  one  year  the  amount  of  ten  mills  on 


124  GENERAL  SCHOOL  LAW 

the  dollar  on  the  taxable  property  of  the  county,  and  when  the 
tax  is  levied  for  the  payment  of  teacher's  wages  and  for  con- 
tingent expenses  only,  it  shall  not  exceed  three  mills  on  the 
dollar.  Provided,  that  said  trustees  may,  if  in  their  judgment 
they  think  best,  bond  the  county  for  the  purpose  of  raising  the 
money  necessary  to  build  or  purchase  and  equip  the  high  school 
herein  provided  for,  and  to  purchase  a  suitable  site  therefor. 
But  no  bonds  shall  ever  be  issued  to  pay  for  teachers'  wages, 
or  for  the  general  expenses  in  maintaining  said  school.  (Act 
February  25,  1907,  Sec  8).  (loth  Sess.  Chap.  29). 

926.  Submission  to  Electors  of  Question  of  Bond  Issue. — The 
secretary  of  the  board  of  county  free  high  school  trustees,  when- 
ever a  majority  of  the  board  shall  so  decide,  shall  certify  to  the 
board  of  county  commissioners  that  they  have  decided  to  sub- 
mit to  the  electors  of  the  county  the  question  whether  county 
bonds  shall  issue  for  the  purpose  of  the  erection  or  purchase  of 
a  building  for  high  school  purposes  and  the  equipment  thereof,, 
and  for  a  suitable  site  therefor,  and  shall  include  in  such  certifi- 
cate the  amount  of  such  bonds,  which  amount  shall  not  exceed 
the  sum  of  one  hundred  thousand  ($100,000.00)  dollars  in  any 
one  county.  Such  bonds  may  run  for  a  term  of  twenty  years, 
or  less,  but  no  longer,  provided,  that  any  such  issue  of  bonds 
shall  not  increase  the  indebtedness  of  any  county  beyond  the 
maximum  limit  fixed  by  the  state  constitution.  That,  as  soon 
as  practicable  after  receiving  such  certificate,  the  board  of  county 
commissioners  shall  proceed  to  submit  the  question  of  issuing 
said  bonds  to  the  qualified  electors  of  the  county  in  the  manner 
provided  by  law  for  the  issuance  of  other  county  bonds.  If  such 
bonds  are  issued  the  county  commissioners,  at  the  time  of  mak- 
ing the  levy  of  taxes  for  county  purposes  each  year,  must  levy  a 
tax  for  that  year  upon  the  taxable  property  in  the  county  for 
the  interest  and  redemption  of  said  bonds,  and  such  taxes  must 
not  be  less  than  sufficient  to  pay  the  interest  on  said  bonds  for 
that  year  and  such  proportion  of  the  principal  as  is  to  become 
due  during  such  year,  and,  in  any  event,  must  be  high  enough 
to  raise  annually,  for  the  first  half  of  the  term,  a  sufficient  sum- 
to  pay  the  interest  thereon,  and  during  the  balance  of  the  term, 
high  enou^/1  to  pay  said  annual  interest  and  to  pay  annually  a 
portion  of  the  principal  of  said  bond,  equal  to  the  sum  produced 
by  taking  the  whole  amount  of  said  bonds  outstanding  and  divid- 
ing it  by  the  number  of  years  said  bonds  have  to  run,  and  all 


STATE  OF  MONTANA. 


125 


cn 

;" 

tn 


11  oney  so  levied,  when  collected,  must  be  paid  into  the  county 
t:easury  to  the  credit  of  the  county  free  high  school,  kept  in  a 
s  ;parate  fund,  and  be  used  for  the  payment  of  principal  and 
i:  terest  on  said  bonds,  and  for  no  other  purpose;  provided,  how- 
e  /er,  that  the  accumulated  money  may  be  invested  as  is  provided 
f  >r  the  investment  of  money  collected  for  the  payment  of  school 
(  istrict  bonds.  Said  tax  shall  be  levied  and  collected  in  the 
s  ime  manner  as  other  county  taxes.  (Act  February  25,  1907, 
^  ec.  9).  (loth.  Sess.  Chap.  29). 

927.  Payment  of  Bonds. — Said  bonds  shall  be  paid,  principal 
i  nd  interest,  in  the  manner  provided  for  the  payment  of  other 
county  bonds.     (Act  February  25,   1907,  Sec.   10).     (loth  Sess. 
( ,'hap.  29). 

928.  Assessment  of  Maintenance. — In  case  bonds  are  issued, 
i  he  trustees,  in  making  estimates  for  the  maintenance  of  the  high 
j  chool,  shall  not  include  estimates  for  building  or  other  purposes 
lor  which   said   bonds  are   issued.     (Act   February   25th,    1907, 
Sec.  n.)      (loth  Sess.  Chap.  29). 

929.  Record  of  Board;   Warrants. — The   said  board  of  high 
.school  trustees  shall  keep  a  record  of  all  the  official  acts  done  by 
said  board,  and  shall  keep  a  full  record  of  all  warrants  issued 
against  moneys  belonging  to  said  county  free  high  school.  Pay- 

nents  of  money  can  only  be  made  upon  warrants  drawn  against 
>aid  funds,  belonging  to  said  high  school ;  and  the  warrants  so 
Irawn  must  specify,  upon  their  face,  the  purpose  for  which  the 
warrant  is  drawn.  (Act  February  25th,  1907,  Sec.  12).  (loth 
Sess.  Chap.  29). 

930.  Sites.     Leasing  Buildings. — The  said  board  of  trustees 
shall   proceed,  as   soon   as   practicable   after   their   appointment 
and  qualification,  to  select,  at  the  place  designated  as  the  loca- 
tion for  the  county  free  high  school,  the  best  site  that  can  be 
obtained,  and  the  title  thereto,  upon  securing  said  site  by  pur- 
chase or  otherwise,  shall  vest  in  the  county ;  the  trustees  shall 

en  proceed  to  make  purchase  of  material,  and  to  let  such  con- 
racts  for  necessary  school  buildings  as  they  may  deem  proper. 
They  shall  not,  however,  make  any  purchase,  or  enter  into  any 
contract,  whereby  obligations  are  assumed  in  excess  of  the 
amount  of  funds  on  hand  or  available  through  the  levy  of  taxes 
for  the  current  year,  or  the  issuance  of  bonds.  The  trustees 
may,  at  their  discretion,  lease  suitable  buildings  for  the  use  of 
the  high  school  while  new  buildings  are  in  process  of  erection, 


126  GENERAL  SCHOOL  LAW 

or  may  contract  with  the  trustees  of  the  local  school  district,  or 
any  other  parties,  for  the  use  of  suitable  buildings  for  high  school 
purposes  for  such  time  as  may  be  deemed  best  for  the  interests 
of  the  county.  (Act  Feb.  25th,  1907,  Sec.  13).  (loth  Sess. 
Chap.  29). 

931.  Employment  of  Teachers. — After  suitable  buildings  are 
secured,  as  herein  before  provided,  for  the  carrying  on  of  the 
county  free  high  school,  the  trustees  shall  employ  some  suitable 
person  to  take  charge  of  said  school,  who  shall  possess  such 
qualifications  as  are  now  required  to  be  possessed  by  a  city  super- 
intendent of  schools,  except  that  said  principal  shall  not  be  re- 
quired to  possess  more  than  three  years  experience  in  teaching; 
and  the  trustees  shall  furnish  such  assistant  teachers  as  they 
may  deem  necessary,  and  shall  designate  the  salaries  which  shall 
be  paid  to  said  principal  and  assistant  teachers.     (Act  February 
25th,  1907,  Sec.  14).     (loth  Sess.  Chap.  29). 

932.  Principal  May  Make  Rules. — The  principal  of  any  such 
high  school  with  the  approval  of  the  board  of  trustees  shall  make 
such  rules  and  regulations  as  he  may  deem  proper  in  regard  to 
the   studies,   conduct  and   government  of  the   pupils   under   his 
charge ;  and  if  any  such  pupils  will  not  conform  to,  nor  obey,  the 
rules  of  the  school,  they  may  be  suspended  or  expelled  there- 
from by  the  board  of  trustees.     (Act  February  25th,  1907,  Sec. 
15).     (loth  Sess.  Chap.  29). 

933.  Course  of  Study. — There  shall  be  provided  such  courses 
of  study  as  will  properly  fit  the  student  attending  said  high  school 
for  admission  to  the  collegiate  class  of  any  of  the  state  educa- 
tional institutions,  and  such  courses  of  study  shall  contain  the 
work   now   provided   for   accredited   high   schools   by   the   state 
board  of  education.     (Act  February  25th,  1907,  Sec.  16).     (loth 
Sess.  Chap.  29). 

934.  Admission  of  Pupils. — Tuition  shall  be  free  to  all  pupils 
residing  in  the  county  where  the  school  is  located.     The  board 
of    trustees    slhall    make    such    rules    and    regulations    as    they 
deem  proper  in  regard  to  age  and  grade  of  attainments  essential 
to  entitle  pupils  to  admission  to  such  school ;  provided,  that  no 
person  shall  be  admitted  to  such  high  school  who  shall  not  have 
passed  a  satisfactory  examination  or  who  does  not  hold  an  eighth 
grade  common  school  certificate.     If  there  should  be  more  ap- 
plicants than  can  be  accommodated  at  any  one  time,  each  dis- 
trict shall  be  entitled  to  send  its  equal  number  of  pupils,  ac- 


STATE  OF  MONTANA. 


127 


c  )rding  to  the  number  of  pupils  it  may  have  as  shown  by  the  last 
i  .'port  to  the  county  superintendent  of  schools ;  and  the  boards 
(  f  the  respective  school  districts  shall  designate  such  pupils  as 
i  lay  attend,  subject  to  the  proviso  above.  (Act  February  25, 
907,  Sec.  17).  (loth  Sess.  Chap.  29). 

935.  Pupils  From  Adjoining  Counties. — If,  at  any  time,  the 
chool  can   accomodate   more  pupils  than  apply  for  admission 
rom  the  county  in  which  the  school  is  situated,  the  vacancies 
lay  be  filled  by  applications  from  other  counties,  upon  the  pay- 
nent  of  such  tuition  as  the  board  of  trustees  may  prescribe ;  but 
t  no  time  shall  such  pupils  continue  in  such  school  to  the  ex- 

.   lusion  of  pupils  residing  in  the  county  in  which  such  school  is 
ocatecl.     (Act  February  25,  1907,  Sec.  18.)   (loth  Sess.  Chap.  29.) 

936.  Compensation  of  Trustees. — The  trustees  who   do  not 
•eside  at  the  place  where  said  high  school  is  established  are  en- 
;itled  to  mileage  in  attending  the  meetings  o'f  the  board.     The 
:rustees  of  said  high  school  shall  serve  without  compensation, 
Dtit  may  pay  their  secretary  such  reasonable  compensation  as 
.nav  be  determined,  and  the  board  shall  make  such  reports,  from 
time  to  time,  as  the  county  superintendent  of  schools,  or  the  state 
superintendent    of    public    instruction,    may    require.     (Act    ap- 

•  proved  February  25,  1907,  Sec.  19).     (loth  Sess.  Chap.  29). 
937.     Diploma  to  Admit  to    State    Collegiate    Institutions. — 
Upon  the  presentation  of  a  certificate  of  graduation  from  any 
such  county  high  school,  within  eighteen  months  from  the  date 

•  of  the  same,  to  any  state  institution  of  learning,  the  person, 
presenting  the  same,  may  be  admitted  without  further  examina- 
tion to  said  institution  of  learning.  (Act  February  25,  1907, 
Sec.  20).  (loth  Sess.  Chap.  29). 

938.  Prior  Acts  Validated. — All  acts  and  things  of  any  kind 
whatsoever,  done  by  any  board  of     county     free     high     school 
trustees,  or  by  any  board  of  county  commissioners,  of  this  state 

fior  to  the  passage  of  this  Act,  under  the  provisions  of  the  Act 
March   3,    1899,   f°r   tne   establishment  of   county  free   high 
hools,  or  under  the  Act  of  March  14,  1901,  or  the  Act  of  March 
5.  KJO.V  anu-ndino-  certain  sections  of  the  Act  of  March  3,  1899, 
shall  be  and  are  hereby  ratified  and  declared  to  be  valid,  and  of 
full  force  and  effect.     (Act  February  25,  1907,  Sec.  21)      (loth 
Sess.  Chap.  29). 

939.  Same. — That  all  Acts  heretofore  done  by  any  board  of 
county  commissioners  in  this  state  in  connection  with  the  sub- 


128  GENERAL  SCHOOL  LAW 

mission  to  the  electors  of  their  county  of  the  question  of  es- 
tablishing- and  locating  a  county  free  high  school,  and  upon  which 
acts  such  question  was  in  fact  submitted  to  the  electors  of  such 
county,  and  a  majority  of  all  votes  cast  at  such  election  were  in 
favor  of  the  establishment  and  location  of  such  high  school  and 
so  found  and  declared  by  the  board  of  county  commissioners, 
shall  be,  and  are  hereby  ratified  and  declared  to  be  valid  and  of 
full  force  and  effect.  (Act  approved  March  i,  1907,  Sec.  I. 
(loth  Sess.  Chap.  61). 

940.  Bonds  Legalized. — That  all  bonds  issued  or  authorized 
to  be  issued,  at  any  time  prior  to  the  passage  of  this  Act,  by 
the  board  of  trustees  of  any  county  free  high  school  in  this  state, 
where  the  question  of  the  issuance  of  the  same  was  first  sub- 
mitted by  said  trustees  to  the  electors  of  the  county  and  a 
majority  of  all  votes  cast  at  such  election  were  in  favor  of  said 
bond  issue,  and  so  found  and  declared  by  said  board  of  trustees, 
are  hereby  ratified  and  declared  to  be  valid  and  legal  obligations 
and  of  full  force  and  effect.  (Act  approved  March  i,  1907,  Sec. 
2).  (loth  Sess.  Chap.  61). 


ARTICLE  XL 
Duties  of  County  Treasurer. 

941.     (Sec.  1880.)     It  shall  be  the  duty  of  the  county  treasurer 
of  each  county. 

1.  To  receive  and  hold  all  school  moneys  as  special  deposit, 
and  to  keep  a  separate  account  of  their  disbursements  to  the 
several  school  districts  which  shall  be  entitled  to  receive  them 
according  to  the  apportionment  of  the  county  superintendent  of 
common  schools. 

2.  To  notify  the  county  superintendent  of  common  schools 
of  the  amount  of  county  school  fund  in  the  county  treasury  sub- 
ject to  apportionment  whenever   required,   and   to   inform   said 
county  superintendent  of  the  amount  of  school  moneys  belonging 
to  any  other  fund  subject  to  apportionment. 

3.  To  pay  all  warrants  drawn  on  county  or  districts  school 
moneys  in  accordance  with  the  provisions  of  this  title,  whenever 
such  warrants  are  countersigned  by  the  district  clerk  and  prop- 
erly endorsed  by  the  holders. 

4.  To  make  annually,  during  the  month  of  October,  in  each 
year,  a  financial  report  for  the  last  school  year  and  fiscal  year 


i 

n 


STATE  OF  MONTANA.  129 

(  tiding  with  June  thirtieth,  to  the  county  superintendent  of  com- 
i  ion  schools,  in  such  form  as  may  be  required  by  him.  (Act 
,  pproved  March  n,  1895). 

ARTICLE  XII. 

Duties  of  County  Clerk,  Clerk  of  District  Court,  and  the  Justices 

of  the  Peace. 

Section  942.     Duty  of  county  clerk. 
Section  943.     Duty  of  clerk  of  district  court. 
Section  944.     Duty  of  justice  of  the  peace. 
Section  945.     Penalty. 

942.  (Sec.    1890.)     Duty  of  County   Clerk.— It  shall  be  the 
duty  of  the  county  clerks  of  the  several  counties  of  the  state 
to  make  a  report  to  the  county  superintendent  of  common  schools 
within  their  counties,  during  the  month  of  September  in  each 
year,  of  the  school  tax  levied  and  the  assessed  valuation  of  the 
proper  counties  for  that  year.     (Act  approved  March  n,  1895). 

943.  (Sec.  1891.)     Duty  of  Clerk  of  District  Court.— It  shall 
be  the  duty  of  the  clerk  of  the  district  court,  at  the  close  of 
every  term  thereof,  to  report  to  the  county  superintendent  of 
the  county  in  which  said  term  shall  have  been  held,  whether 
or  not  any  fines,  and  if  any,  what  ones,  were  imposed  by  said 
court  during  the  said  term.     (Act  approved  March   n,   1895). 

Jay  v.  School  District,  24  Mont.  228;  61  Pac.  253. 

944.  (Sec.  1892.)     Duty  of  Justice  of  the  Peace. — It  shall  be 
the  duty  of  each  justice  of  the  peace  of  each  county  to  report 
to  the  county  superintendent  during  the  month  of  September 
in  each  year,  whether  or  not  they  have  imposed  and  collected 
any  fines  during  the  preceding  year,  and  if  any,  what  ones,  with 
the  date  at  which  the  same  were  paid  to  the  county  treasurer. 

Act  approved  March  n,  1895). 

Jay  v.  School  District,  24  Mont.  228;  61  Pac.  253. 

945.  (Sec.    1893.)     Penalty. — All   officers   mentioned   in   Sec. 
942  (1890),  943   (1891),  and  944  (1892),  of  this  title  who  shall 
fail  or  neglect  to  perform  any  of  the  duties  required  by  this  title 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
before  any  court  having  competent  jurisdiction  thereof,  shall  be 
fined  in  any  sum  not  less  than  twenty  dollars  and  not  more  than 
one  hundred  dollars  for  each  neglect ;  and  such  fine  shall  be  paid 
into  the  county  treasury  for  the  benefit  of  the  common  schools 
in  said  county.     (Act  approved  March   n,   1895). 


130  GENERAL  SCHOOL  LAW 

ARTICLE  XIII. 

Teachers'  Institutes. 

Section  946.  Teachers'   institutes   to   be   held   yearly. 

Section  947.  SaJme. 

Section  948.  Length  of  session. 

Section  949.  Teachers  must  attend. 

Section  950.  High  school  teachers   exempt. 

Section  951.  "Institute  fund." 

Section  952.  Expenses  of  institutes. 

946.  Teachers'  Institutes  to  be  Held    Yearly. — The    county 
superintendent  in  every  county  in  which  there  are  five  or  more 
school  districts  must  hold  one  teachers'  institute  in  each  year, 
and  every  teacher  employed  in  a  public  school   in  the  county 
must  attend  the  institute  and  participate  in  its  proceedings ;  pro- 
vided, that  whenever  the  state  superintendent  and  two  or  more 
county  superintendents  deem  it  advisable,  a  joint  institute  con- 
sisting of  the  teachers  of  two  or  more  counties,  may  be  held 
at  any  convenient  place  within  such  counties  to  be  selected  and 
agreed  upon  by  their  superintendents.     (Act  approved  March  7, 
1907,  Sec.  i).     (loth  Sess.  Chap.  148). 

947.  (Sec.    1901.)     Same. — In    any   county   where    there    are 
less   than   five   school   districts  the   county  superintendent   may 
after  conference  with  the  superintendent  of  public  instruction, 
hold  an  institute.     (Act  approved  March  n,  1895). 

948.  Length  of  Session. — Each  session  of  the  institute  must 
continue  not  less  than  three  nor  more  than  ten  days.     (Act  ap- 
proved March  8th,  1897,  Sec.  8).     (5th  Sess.  132-3). 

949.  Teachers  Must  Attend. — When  the  county  superinten- 
dent, after  conference  with  the  state  superintendent,  has  appoint- 
ed a  time  for  holding  the  teachers'  institute  in  his  county,   it 
shall  be  his  duty  to  give  written  notice  of  the  time  and  place  of 
holding  such  institute  to  every  board  of  school  trustees  within 
his  county,  and  to  all  the  teachers  of  the  county,  at  least  thirty 
days  before  the  opening  of  such  institute.     It  shall  be  the  duty 
of  all  boards  of  school  trustees  through  their  clerks,  to  notify 
each  and  all  of  the  teachers  within  their  districts  of  the  time 
and  place  of  holding  the  institute  and  to  direct  each  and  all  of 
their  teachers  to  close  their  several  schools  for  the  purpose  of 
attending  the  institute.     Each     and     every     teacher  engaged  in 
teaching    a    term    of    school    in    any    district    during    the    time 
of  the  institute  shall  close  his  or  her  school  during  such  time 
and  shall  attend  the  institute  and  take  active  part  in  the  same 


STATE  OF  MONTANA. 

without  luss  of  salary  for  the  actual  time  spent  in  attending  the 
institute  and  for  the  actual  time  spent  in  going-  to  and  returning 
from  the  same.  The  county  superintendent  shall  in  all  cases 
keep  and  preserve  a  record  of  the  actual  time  spent  by  each 
teacher  of  his  or  her  county  at  the  institute  and  shall  furnish  both 
ea  each  teacher  and  to  his  board  of  school  trustees  a  certificate  of 
the  time  spent  by  said  teachers  at  the  institute.  Wilful  failure  on 
the  part  of  any  teacher  to  attend  the  institute  shall  be  con- 
sidered sufficient  cause  for  the  revocation  of  such  teacher's  certi- 
ficate by  the  county  superintendent;  Provided,  however,  that  the 
county  superintendent  may,  in  his  discretion,  excuse  any  teacher 
from  attending  the  institute  who  could  not  attend  same  without 
great  and  excessive  inconvenience,  cost,  expense,  and  loss  of 
time.  Wilful  failure  on  the  part  of  the  board  of  school  trustees 
of  any  school  district  to  close  their  schools,  during  the  time  of 
the  holding  of  the  institute  as  herein  required,  shall  be  considered 
sufficient  cause  for  withholding  the  public  moneys  to  which  such 
district  would  otherwise  be  entitled ;  provided,  however,  that, 
in  the  case  of  boards  of  school  trustees  as  in  the  case  of  teachers 
the  great  distance  of  any  school  district  from  the  place  of  holding 
the  institute,  excessive  "loss  of  time,  inconvenience,  and  cost, 
shall  be  considered  good  grounds  on  which  the  county  superin- 
tendent, under  authority  and  direction  from  the  state  superin- 
tendent, may  excuse  any  board  of  school  trustees  from  closing 
their  school  at  such  times  and  from  observing  the  above  require- 
ments. (Act  approved  March  2,  1905).  (Qth  Sess.  Ghap.  60). 

950.  High  School  Teachers  Exempt. — All  high  school  teachers 
are  hereby  exempt  from  the  requirements  of  this  Act.     (Act  ap- 
proved March  2,  1905,  Sec.  2).     (9th  Sess.  Chap.  60). 

951.  "Institute  Fund". — For  the  purpose  of  defraying  the  ex- 
penses of  the  institute  mentioned   in  said  Section  949   (1904), 
there  shall  be  an  institute  fund  created  as  follows : 

First:  All  moneys  received  from  the  issuance  of  teachers' 
certificates  by  the  county  superintendent. 

Second :  Moneys  received  from  appropriations  by  boards  of 
county  commissioners ;  and  every  board  of  county  commissioners 
in  each  county  in  which  a  teachers'  institute  may  be  held  is 
hereby  authorized  and  directed  to  appropriate  for  said  "institute 
fund''  as  follows : 

Counties  of  the  first  class  not  less  than  $250  nor  more  than 
$350.  Counties  of  the  second  class  not  less  than  $250  nor  more 


132  GENERAL  SCHOOL  LAW 

than  $300.  Counties  of  the  third,  fourth,  fifth  and  sixth  classes 
not  less  than  $200  nor  more  than  $250.  Counties  of  the  seventh 
and  eighth  classes,  not  less  than  $100  nor  more  than  $200.  (Act 
approved  March  7,  1907,  Sec.  2).  (roth  Sess.  Chap.  148). 

952.  (Sec.  1905.)  Expenses  of  Institutes. — The  county 
superintendent  must  keep  an  accurate  account  of  the  actual  ex- 
penses of  the  institute,  with  vouchers  for  the  same,  and  present 
the  bill  to  the  county  commissioners,  who  shall  allow  the  same ; 
Provided,  that  such  amount  shall  not  exceed  that  specified  in 
the  last  preceding  section  of  this  title.  (Act  approved  March  n, 
1895). 


ARTICLE  XIV. 

Examinations  and  Certificates. 

Section  953.  Examination  of  teachers. 

Section  954.  County  board  of  educational  examiners. 

Section  955.  Compensation  of  board  of  examiners. 

'Section  956.  Qualifications  of  examiners. 

Section  957.  Duties  of  examiners. 

Section  958.  Grades  of  certificates,  temporary  certificates. 

Section  959.  Qualifications  of  teachers. 

Section  960.  -Charges  for  certificates. 

Section  961.  Revocation  of  certificates. 

Section  962.  Custody  of   examination   papers. 

Section  963.  Status  of  three  year  graduate  of  state  normal  school. 

Section  964.  Status  of  four  year  graduate  of  state  normal  school. 

953.  Examination  of  Teachers. — The  county  superintendent 
shall  hold  public  examinations  of  all  persons,  over  eighteen  years 
or  age,  offering  themselves  as  candidates  for  teachers  of  common 
schools,  at  the  county  seat,  on  the  last  Friday  in  February, 
April,  August  and  November  of  each  year,  and  when  necessary, 
such  examinations  may  be  continued  on  the  following  day,  at 
which  time  he  shall  examine  them  by  series  of  written  or  printed 
questions,  according  to  the  rules  prescribed  by  the  superinten- 
dent of  public  instruction.  If  the  percentage  of  correct  answers 
required  by. the  rules,  and  other  evidence  disclosed  by  the  exam- 
ination, including  particularly  the  superintendent's  knowledge 
and  information  of  the  candidates  successful  experience,  the  ap- 
plicant is  found  to  be  a  person  of  good  moral  character,  to 
possess  a  knowledge  and  understanding,  together  with  aptness  to 
teach  and  govern  which  shall  enable  such  applicant  to  teach  in 


STATE  OF  MONTANA. 


133 


the  common  schools  of  the  state  the  various  branches  required 
by  law,  said  superintendent  shall  grant  to  such  applicant  a 
certificate  of  qualification.  (Act  approved  March  I4th,  1901, 
Sec  6).  (;th  Sess.  123-4). 

954.  County  Board  of  Educational  Examiners. — That  in  each 
county  there  shall  be  a  board  of  county  examiners  composed  of 
the   county   superintendent   of   schools   who    shall    be   ex-officio 
chairman  of  the  board,  and  two  competent  persons  to  be  ap- 
pointed by  the  board  of  county  commissioners,  who  at  the  time 
of  their  appointment  shall  be  residents  of  the  county  and  shall 
have  been  actively  engaged  in  teaching  for  a  period  of  at  least 
eighteen  months.     Two  members  of  this  board  shall  constitute 
a   quorum  for  the  transaction  of  business.     Those  first   to   be 
appointed  shall  serve  for  one  and  two  years  respectively  from  the 
first   day   of   April,    1907,   and   until   their   successors   are    duly 
appointed  and  qualified.     If  vacancies  occur  in  these  positions 
during  the  terms  for  which  their  incumbents  were   appointed, 
their  successors  shall  be  apopinted  to  serve  during  their  unex- 
pired   terms  only.     Upon   the   expiration  of  the   regular  terms 
of  either  of  these  examiners  his  successor  shall  be  appointed 
to  serve  for  two  years.     (Act  approved  February  27,  1907,  Sec. 
i).     (loth  Sess.  Chap.  47). 

955.  Compensation  of  Board  of  Examiners. — The  compensa- 
tion of  these  examiners  shall  be  their  actual  traveling  expenses 
from  their  residences  to  and  from  the  county  seat  or  other  point 
in  the  county  where  the  examinations  are  held,  and  such  further 
compensation  per  diem  as  the  board  of  county  commissioners 
may  deem   just   and   sufficient   for  their  services,   basing  such 
compensation  upon  the  actual  quantity  of  work  performed  by 
them  and  the  actual  time  required  to  perform  it.     (Act  approved 
Feb.  27,  1907,  Sec.  2).     (loth  Sess.  Chap.  47). 

956.  Qualifications  of    Examiners. — Such    examiners    at    the 
time  of  their  appointment  must  be  holders  of  Montana  profes- 
sional county  certificates,  or  state  certificates,  or  life  diplomas, 
or  diplomas  from  the  state  university,  state  normal  college,  or 
state   college   «>f   agriculture   and   mechanic   arts,  or   holders   of 
diplomas  as  graduates  from  some  reputable  university,  college, 
or  normal  school  other  than  those  of  Montana.     These  examiners 
shall  qualify  for  their  positions  in  the  same  form  and  manner 
required    for   the    qualifications    of   all    county    superintendents. 
(Act   approved    February   J~,   1907,  Sec.  3).      (loth  Sess.   Chap. 


134  GENERAL  SCHOOL  LAW 

957.  Duties  of  Examiners. — The  duties  of  these  two  exam- 
iners shall  be  to  act  jointly  and  equally  with  the  county  super- 
intendent in  the  matter  of  conducting  the  examination  of  teachers 
and  in  the  marking  and  grading  of  papers  submitted  by  them 
as   the   results   of   the   examination.     This   board    of   examiners 
shall  also  conduct     all     eighth     grade     examinations     in     their 
respective  counties  when  requested  to  do  so  by  the  state  board 
of  education  to  conform  with  their  rules  and  regulations,  and  it 
shall  be  empowered  to  grant  eighth  grade  diplomas  or  common 
school   certificates   to   all   examinees   successfully   passing   such 
examination.     (A'ct  approved  February  27,  1907,  Sec.  4).     (loth 
Sess.  Chap.  47). 

958.  Grades  of  Certificates.     Temporary  Certificates. — County 
certificates  shall  be  of  four  grades.     The  professional  grade  for 
a  term  of  not  less  than  four  years,  and  the  first  grade  certificate 
for  a  term  of  not  less  than  three  years,  and  the  professional  and 
first  grade  certificates  shall  be  good  and  valid  for  as  long  as  the 
holder  thereof  continues  teaching  and  gives  the  county  superin- 
tendent satisfactory  evidence  of  progress     and     efficiency,  the 
second  grade  certificate  shall  be  valid  for  a  term  of  two  years, 
and  the  third  grade  certificate  shall  be  valid  for  a  term  of  one 
year,  according  to  the  ratio  of  correct  answers  of  the  applicant 
and  other  evidences  of  qualification  appearing  from  the  examina- 
tion.    No  certificate  shall  be  granted  unless  the  applicant  shall 
be  found  proficient  in  and     qualified     to     teach     the  following 
branches  of  a  common  English  education :  penmanship,  ortho- 
graphy,   reading,    writing,    arithmetic,    mental    arithmetic,    geo- 
graphy, English  grammar,  physiology  and  hygiene,  U.  S.  History, 
and  theory  and  practice  of  teaching.     In  addition  to  the  above, 
applicants  for  a  second  grade  certificate  shall  pass  a  satisfactory 
examination   in  civics  of  the  United  States  and  Montana,  and 
physical  geography;  applicants  for  a  first  grade  certificate  shall 
pass  an  examination  in  civics  of  the  United  States  -and  Montana, 
physical  geography,  American  literature  and  elementary  algebra ; 
applicants  for  a  professional  grade  certificate  shall  pass  an  exam- 
ination  in   civics  of  the  United   States  and   Montana,  physical 
geography,  American  literature,  elementary  algebra,  physics  and 
plane  geometry.    No  person  shall  be  employed  as  teacher  in  high 
school  or  as  the  principal  teacher  of  a  school  of  more  than  two  de- 
partments, who  is  not  the  holder  of  a  professional  county  certifi- 
cate or  the  holder  of  a  life  or  state  diploma,  issued  by  the  state 


N 


STATE  OF  MONTANA.  135 

tion  of  the  state  of  Montana,  or  who  is  not  a  grad- 
uate of  some  reputable  university,  college  or  normal  school.  The 
percentages  required  to  pass  any  branch  shall,  by  standing  rule, 
be  prescribed  by  the  superintendent  of  public  instruction.  In 
addition  to  these  regular  grades  of  certificates,  the  county 
superintendent  may  grant  a  temporary  certificate  to  teach  until 
the  next  regular  examination,  to  any  person  applying  at  any 
other  time  than  at  a  regular  examination,  who  can  show  satis- 
factory reasons  for  failing  to  attend  such  examination,  subject 
to  rules  and  regulations  to  be  prescribed  by  the  superintendent 
of  public  instruction.  Such  temporary  certificate  shall  not  be 
granted  more  than  once  to  the  same  person ;  Provided,  that  where 
a  temporary  certificate  has  been  duly  issued  to  any  teacher,  and 
that  it  is  impossible,  by  reason  of  sickness  or  other  unavoidable 
accident,  for  such  teacher  to  attend  the  next  regular  exam- 
ination, such  teacher,  upon  due  ann  sufficient  proof  certified 
to  the  county  superintendent,  who  shall  certify  the  facts  to  the 
state  superintendent  of  public  instruction,  who  may  authorize 
the  county  superintendent  to  issue  a  second  permit  or  may  re- 
quire the  teacher  to  take  a  private  examination.  The  written 
answers  of  all  candidates,  for  county  certificates  after  being  duly 
examined  by  the  county  superintendent,  shall  be  kept  by  him 
during  his  term  of  office,  and  any  candidate  thinking  an  injustice 
has  been  done  to  him  or  her,  by  paying  a  fee  of  two  dollars  into 
the  institute  fund  of  the  county  and  by  notifying  both  county 
and  state  superintendent  of  the  same,  shall  have  his  or  her  paper 
re-examined  by  the  superintendent  of  public  instruction.  The 
county  superintendent  shall  upon  receipt  of  such  notice  from 
said  complaining  candidate,  transfer  said  paper  to  the  superin- 
tendent of  public  instruction,  who  shall  re-examine  the  same  and 
if  the  answers  warrant  it  shall  instruct  the  county  superinten- 
dent to  issue  to  such  complaining  candidate  a  county  certificate 
of  proper  grade  and  the  county  superintendent  shall  carry  out 
such  instructions.  (Act  approved  March  4th,  1897,  Sec.  i). 
(5th  Sess.  146-148). 

959.  Qualifications  of  Teachers. — No  certificate  to  teachers  in 
the  public  schools  of  Montana  shall  be  granted  to  any  person, 
who  is  not  a  citizen  of  the  United  States,  or  who  has  not  declared 
his  intention  to  become  a  citizen.  Any  teacher  now  holding  a 
certificate,  who  is  not  a  citizen  of  the  United  States  will  be 
allowed  six  months  time  in  which  to  declare  his  intention  to  be- 


136  GENERAL  SCHOOL  LAW 

come  a  citizen,  or  else  have  his  certificate  revoked.  No  regular 
or  temporary  certificate  to  teach  shall  be  issued  to  any  person 
under  the  age  of  eighteen  years,  and  no  professional  or  first 
grade  certificate  shall  be  issued  to  any  person  who  has  not 
taught  successfully  twelve  months;  and  a  third  grade  certificate 
shall  not  be  issued  more  than  twice  to  the  same  person.  Third 
and  second  grade  certificates  shall  be  valid  only  in  the  county 
where  issued.  A  professional  or  first  grade  certificate  shall  be 
valid  in  any  county  in  the  state  upon  indorsement  as  hereinafter 
provided,  and  shall  be  renewed  by  the  county  superintendent 
upon  the  proper  fee  being  paid  to  the  institute  fund  as  provided 
for  in  case  of  examination;  provided,  that  no  professional  or 
first  grade  certificate  shall  be  renewed  unless  the  applicant  has 
taught  at  least  ten  months  during  the  life  of  said  certificate. 
Said  professional  or  first  grade  certificate  shall  be  renewed  by 
the  county  superintendent  by  his  indorsement  thereon,  upon  the 
payment  of  the  same  fee  as  is  required  by  law  for  examinations ; 
provided  further,  that  whenever  application  is  made  by  a  holder 
of  an  unexpired^  first  grade,  second  grade,  or  third  grade  Montana 
certificate  for  examination  for  any  higher  grade  certificate,  and 
it  shall  be  made  to  appear  to  the  county  superintendent  that 
such  applicants  have  been  engaged  in  teaching  in  any  of  the 
public  schools  of  the  state  for  a  period  of  one  year  or  more,  the 
said  applicant  shall  be  entitled  to  be  credited  with  the  per- 
centage of  his  or  her  last  examination  for  said  first,  second  or 
third  grade  certificate,  as  the  case  may  be  and  shall  not  be  re- 
quired to  be  examined  in  any  studies  except  the  additional  ones 
prescribed  for  such  certificates,  and  such  other  studies  that  the 
applicant  may  not  have  secured  the  required  percentage  upon 
previous  examination ;  provided,  further,  that  to  excuse  any 
candidate  from  taking  the  examination  upon  any  branch  at  his, 
or  her  last  previous  examination  at  least  80%  per  cent.  No  per- 
son shall  be  employed  or  permitted  to  teach  in  any  of  the  public 
schools  of  the  state  who  is  not  a  holder  of  a  lawful  certificate 
of  qualification  to  teach.  Any  contract  made  in  violation  of  this 
section  shall  be  void ;  provided,  that  the  special  certificate  in  pen- 
manship, drawing,  modern  language  and  music  shall  be  granted 
upon  request  of  the  majority  of  the  members  of  any  board  of 
trustees;  such  special  certificate  to  be  valid  for  three  years  and 
shall  entitle  the  holder  to  teach  only  such  special  branch  or 
branches  stated  in  said  certificate ;  provided,  further,  that  if  the 


STATE  OF  MONTANA. 


137 


ttendance  upon  the  aforesaid  examination  of  teachers  at  the 
ounty  seat  shall  work  a  great  hardship  to  one  or  more  teachers, 
n  the  county,  the  county  superintendent,  upon  application  of 

ihe  state  superintendent,,  may  provide  for  such  teachers  to  take 
he  examination  at  some  convenient  place,  and  the  county 
uperintendent  may  appoint  some  suitable  person  to  cgn- 
luct  such  examination,  under  the  rules  and  regulations 
Described  by  the  state  superintendent  of  public  instruction. 
k'Act  approved  March  3,  1905).  (9th  Sess.  Chap.  77). 

960.  (Sec.  1913.)     Charges  for  Certificates. — Every  applicant 
:"or  a  county  certificate  shall  pay  one  dollar  to  the  county  super- 
.ntendent,  which  shall  be  used  by  him  in  the  support  of  teachers' 
institutes  in  the  county.     (Act  approved  March   n,  1895). 

961.  (Sec.   1914.)     Revocation    of    Certificates. — The  county 
superintendent  is  authorized  and  required  to  revoke  and  annul 
at  any  time  a  certificate  granted  by  him  or  his  predecessor  for 
any  cause  which  would  have  authorized  or  required  him  to  re- 
fuse to  grant  it  if  known  at  the  time  it  was  granted,  and  for 
incompetency,  immorality,  intemperance,  cruelty,  crime  against 
the  state  law,  refusal  to  perform  his  duty,  or  general  neglect 
of  the  business  of  the  school.     The  revocation  of  the  certificate 
shall  terminate  the  employment  of  such  teacher  in  the  school  in 
which  he  or  she  may  at  the  time  be  employed,  but  the  teacher 
must  be  paid  up  to  the  time  of  receiving  notice  of  such  revoca- 
tion.    (Act  approved  March  n,  1895). 

962.  (Sec.    1915.)      Custody   of    Examination    Papers. — The 
questions  prepared  by  the  superintendent  of  public  instruction 
when  received  by  the  county  superintendent  shall  not  be  opened 
or  the  seal  thereof  broken  until  the  day  of  examination.     And 
the  county  superintendent  is  prohibited  from  furnishing  or  giv- 

ng  to  any  person  or  persons  any  information  concerning  the 
question  prepared  by  the  state  superintendent.  (Act  approved 
March  11,  1895). 

963.  Status  of  Three  Year  Graduates  of  State  Normal  School. 
• — All  graduates  of  the  state  normal  school  who  have  completed 
and  graduated  in  the     professional  course  of     the  three  years' 
course  of  said  school  and  received  a  diploma,  certifying  that 
either  of  the  said  courses,   has  been   completed,  shall,  on   the 
registry  of  said  diploma  in  the  office  of  the  state  superintendent 
of  public  instruction,  be  entitled  to  teach  in  the  public  schools 
of  the  State  of  Montana  without  other  or  further  examination  for 


138  GENERAL  SCHOOL  LAW 

the  term  of  three  years  after  such  graduation  and  such  graduates 
shall,  on  furnishing  to  the  state  board  of  education  satisfactory 
evidence  of  having  successfully  taught  in  the  public  schools  of 
the  state  for  a  term  of  two  years,  be  entitled  to  receive  from 
said  board  a  life  diploma.  (Act  approved  February  22nd,  1899, 
Sec.  i).  (6th  Sess.  51-2). 

964.  Status  of  Four  Year  Graduates  State  Normal  School. 
— All  graduates  of  the  said  state  normal  school  who  have  com- 
pleted and  graduated  in  the  four  years'  course  of  said  school 
and  received  a  diploma  certifying  that  said  course  has  been  com- 
pleted, shall,  on  the  registry  of  said  diploma  in  the  office  of  the 
state  superintendent  of  public  instruction,  be  entitled  to  teach 
in  the  public  schools  of  the  State  of  Montana,  without  other  or 
further  examination,  for  a  term  of  three  years  after  such  gradua- 
tion, and  on  furnishing  to  the  state  board  of  education  satis- 
factory evidence  of  having  succssfully  taught  in  the  public 
schools  of  Montana  for  a  period  of  one  year,  shall  be  entitled 
to  receive  from  such  board  a  life  diploma.  (Act  approved  Feb- 
ruary 22nd,  1899,  Sec.  2).  (6th  Sess.  52). 


ARTICLE   XV. 

Compulsory  Attendance. 

Section  9<65.  Cbmpullsory  attendance.     Excuses. 

Section  966.  Employment  of  children  under  fourteen  prohibited. 

Section  967.  Employment  oif  children  between  fourteen  and  sixteen. 

Section  968.  Juvenile  disorderly  persons. 

Section  969.  Truant    officers,    powers    and    duties. 

Section  970.  Duties  of  principals,  teachers  and  clerks. 

Section  971.  Prosecution  of  truants. 

Section  972.  Commitment  to  industrial  school. 

Section  973.  Pauper  children. 

965.  Compulsory  Attendance.  Excuses. — All  parents  guard- 
ians and  other  persons  who  have  care  of  children,  shall  instruct 
them,  or  cause  them  to  be  instructed  in  reading,  spelling,  writ- 
ing, English  grammar,  geography,  physiology  and  hygiene,  and 
arithmetic.  Every  parent,  guardian  or  other  person  having 
charge  of  any  child  between  the  ages  of  eight  and  fourteen  years 
shall  send  such  child  to  a  public,  private,  or  parochial  school,  for 
the  full  time  that  the  school  attended  is  in  session,  which  shall 
in  no  case  be  for  less  than  sixteen  weeks  during  any  current 
year,  and  said  attendance  shall  begin  within  the  first  week  of 


STATE  OF  MONTANA. 


139 


th  school  term,  unless  the  child  is  excused  from  such  attendance 
b}  the  superintendent  of  the  public  schools,  in  city  and  other 
di  tricts  having  such  superintendent,  or  by  the  clerk  of  the  board 
of  trustees  in  village  and  township  districts  not  having  such 
st  Derintendent,  or  by  the  principal  of  the  private,  or  parochial 
sc  lool,  upon  satisfactory  showing,  either  that  the  bodily  or  men- 
ts  condition  of  the  child  does  not  permit  of  its  attendance  at 
sc  lool,  or  that  the  child  is  being  instructed  at  home  by  a  person 
q  alified,  in  the  opinion  of  the  superintendent  of  schools  in  city 
o:  other  districts  having  such  supperintendent,  or  the  clerk  of 
tl  e  board  of  trustees  in  village  or  township  districts  not  having 
si  ch  superintendent,  to  teach  the  branches  named  in  this  section, 
o  that  there  is  no  school  taught  the  required  length  of  time 
\\  ithin  2 1/2  miles  of  the  residence  of  such  child  by  the  nearest 
ti  aveled  road :  provided,  that  no  child  shall  be  refused  admission 
t(  •  any  public  school  on  account  of  race  or  color.  In  case  such 
s  iperintendent,  principal  or  clerk  refuse  to  excuse  a  child  from 
a  :tendance  at  school,  an  appeal  may  be  taken  from  such  decision 
t<>  district  court  of  the  county,  upon  giving  a  bond,  within  ten 
days  after  such  refusal,  to  the  approval  of  said  court,  to  pay  all 
•c  )sts  of  the  appeal,  and  the  decision  of  the  district  court  in  the 
matter  shall  be  final.  All  children  between  the  ages  of  fourteen 
and  sixteen  years,  not  engaged  in  some  regular  employment, 
snail  attend  school  for  the  full  term  of  the  schools  of  the  district 
i:i  which  they  reside  are  in  session  during  the  school  year,  unless 
excused  for  the  reason  above  named.  Any  parent,  guardian,  or 
•ether  person,  having  care  of  a  child  between  the  ages  of  eight 
and  fourteen  years,  who  shall,  in  violation  of  the  provisions  of 
this  section,  fail  to  place  such  child  in  school  at  the  commence- 
ment of  the  annual  school  term  within  the  time  prescribed  in 
1his  section,  shall  upon  conviction,  be  fined  not  less  than  five 
<lollars  nor  more  than  twenty  dollars.  (Act  approved  March  3rd, 
:903,  Sec.  i).  (8th  Sess.  Chap.  45). 

966.  Employment  of  Children  Under  Fourteen  Prohibited. — 
.'Mo  child  under  fourteen  years  of  age  shall  be  employed  or  be 
:n  the  employment  of  any  person,  company  or  corporation  during 
;he  school  term  and  while  the  public  schools  are  in  session,  unless 
such  child  shall  present  to  such  person,  company  or  corporation 
and  age  and  schooling  certificate  herein  provided  for.  An  age 
age  and  schooling  certificate  shall  be  approved  only  by  the 
superintendent  of  schools,  or  by  a  person  authorized  by  him, 


140  GENERAL   SCHOOL  LAW 

in  city  or  other  districts  having  such  superintendent,  or  by  the 
the  clerk  of  the  board  of  trustees  in  village  and  township  dis- 
tricts not  having  such  superintendent,  upon  a  satisfactory  proof 
of  the  age  of  such  minor  and  that  he  has  successfully  completed 
the  studies  enumerated  in  Sec.  965  of  this  article ;  or  if  between 
the  ages  of  fourteen  and  sixteen  years,  a  knowledge  of  his  or  her 
ability  to  read  and  write  legibly  the  English  language.  The  age 
and  schooling  certificate  shall  be  formulated  by  the  superinten- 
dent of  public  instruction  and  the  same  furnished,  in  blank,  by 
the  clerk  of  the  board  of  trustees  or  the  clerk  of  the  district. 
Every  person,  company,  or  corporation  employing  any  child 
under  sixteen  years  of  age,  shall  exact  the  age  and  schooling 
certificate  prescribed  in  this  section,  as  a  condition  of  employ- 
ment and  shall  keep  the  same  on  file,  and  shall  upon  the  request 
of  the  truant  officer  hereinafter  provided  for,  permit  him  to 
examine  such  age  and  schooling  certificate.  Any  person,  com- 
pany, or  corporation,  employing  any  minor  contrary  to  the  pro- 
visions of  this  section  shall  be  fined  not  less  than  twenty-five 
nor  more  than  fifty  dollars  for  each  and  every  offense.  (Act 
approved  March  3rd,  1903,  Sec.  2).  (8th  Sess.  Chap.  45). 

967.  Employment  of  Children  Between  Fourteen  and  Sixteen. 
— All  minors  over  the  age  of  fourteen  and  under  the  age  of  six- 
teen years,  who  cannot  read  and  write  the  English  language  shall 
be   required  to  attend   school  as  provided   in   Sec.   965,  of  this 
article  and  all  the  provisions  of  said  section  shall  apply  to  said 
minors;  provided,  that  such  attendance  shall  not  be  required  of 
such  minors  after  they  have  secured  a  certificate  from  the  super- 
intendent of  schools  in  districts  having  superintendents,  or  the 
clerk  of  the  board  of  trustees  in     districts     not  having  super- 
intendents, that  they  can  read,  and  write  the  English  language. 
No  person,  company  or  corporation,  shall  employ  any  such  minor 
during  the  time  schools  are  in  session,  or  having  such   minor 
in  their  employ  shall  immediately  cease  such  employment,  upon 
notice  from  their  employer  shall  immediately  cease  such  employ- 
ment, upon  notice  from  the  truant  officer  who  is  hereinafter  pro- 
vided.    Every  person,  company  or  corporation  violating  the  pro- 
visions of  this  section  shall  be  fined  not  less  than  twenty-five 
nor  more  than   fifty   dollars  for   each   and  every  offense.      (Act 
approved  March  3rd,  1903,  Sec.  3).     (8th  Sess.  Chap.  45). 

968.  Juvenile  Disorderly  Persons. — Every  child  between  the 
ages  of  eight  and  fourteen  years,  and  every  child  between  the 


STATE  OF  MONTANA. 


141 


of  fourteen  and  sixteen  years  unable  to  read,  and  write  the 
E  iglish  language,  or  not  engaged  in  some  regular  employment 
a;  d  who  is  an  habitual  truant  from  school,  or  who  absents  itself 
h  bitually  from  school,  or  who  while  in  attendance  at  any  public, 
ivate,  or  parochial  school,  is  incorrigible,  vicious,  or  immoral 
nduct,  or  who  habitually  wanders  about  the  streets  and 
ic  places  during  school  hours  having  no  business  or  lawful 

0  cupation,  shall  be  deemed  a  juvenile  disorderly  person  and  be 
s  ibject  to  the  provision  of  this  act.     (Act  approved  March  3rd, 

1  K>3,  Sec.  4.)      (8th  Sess.  Chap.  45). 

969.  Truant  Officers.  Powers  and  Duties. — To  aid  in  the 
e  iforcement  of  this  act,  truant  officers  shall  be  appointed  and  em- 
p  loyed  as  follows :  In  city  districts  the  board  of  trustees  shall 
a  )point  and  employ  one  or  more  truant  officers ;  in  villages  and 
t  nvnship  districts  the  trustees  shall  appoint,  if  they  deem  it 
advisable,  a  constable  or  other  person  as  truant  officer.  The 
c  >mpensation  of  the  truant  officer  shall  be  fixed  and  paid  by  the 
toard  appointing  him.  The  truant  officer  shall  be  vested  with 
police  powers,  the  authority  to  serve  warrants,  and  have  author- 
i  ;y  to  enter  workshops,  factories,  stores,  and  all  other  places 
where  children  may  be  employed,  and  do  whatever  may  be  neces- 
sary, in  the  way  of  investigation  or  otherwise  to  enforce  the 
provisions  of  this  Act;  he  is  also  authorized  and  it  shall  be  his 
(  uty  to  take  into  custody  the  person  of  any  youth  between  eight 
'c  nd  fourteen  years  of  age,  or  between  fourteen  or  sixteen  years 
of  age  when  not  regularly  employed  or  when  unable  to  read, 
c.nd  write  the  English  language,  who  is  not  attending  school, 
;.nd  shall  conduct  said  youth  to  the  school  he  has  been  attending, 
or  which  he  should  rightfully  attend.  The  truant  officer  shall 
institute  proceedings  against  any  officer,  parent,  guardian,  per- 
son, or  corporation,  violating  any  provisions  of  this  Act,  and 
)erform  such  other  services  as  the  superintendent  of  schools 
3r  the  board  of  trustees  may  deem  necessary  to  preserve  the 
morals  and  secure  the  good  conduct  of  school  children  and  to 
enforce  this  act.  The  truant  officer  shall  keep  a  record  of  his 
transactions  for  the  inspection  and  information  of  the  superin- 
tendent of  the  schools  and  the  board  of  trustees;  and  he  shall 
make  daily  reports  to  the  superintendent  of  schools  during  the 
school  term  in  districts  having  superintendents,  and  to  the  clerk 
of  the  board  of  trustees  in  districts  not  having  superintendents 
as  often*  as  required  by  him.  Suitable  blanks  for  use  of  the 


142  GENERAL  SCHOOL  LAW 

truant  officer  shall  be  provided  by  the  clerk  of  the  board  of 
trustees  or  the  clerk  of  the  district.  (Act  approved  March  3rd, 
1903,  Sec.  5).  (8th  Sess.  Chap.  45). 

970.  Duties  of  Principals,  Teachers  and  Clerks. — It  shall  be 
the   duty  of  all  principals,  and  teachers  of  all  schools,  public, 
private,  and  parochial,   to   report  to  the  clerk  of  the  board  of 
trustees  of  the  city,  village  or  district  in  which  the  schools  are 
situated,  the  names,  ages,  and  residences  of  all  pupils  in  attend- 
ance at  their  schools,  together  with  such  other  facts  as  said  clerk 
may  require,  in  order  to  facilitate  the  carrying  out  of  the  pro- 
visions of  this  Act,  and  the  clerk  shall  furnish  blanks  for  such 
purpose,  and  such  report  shall  be  made  during  the  last  week  of 
each  month  from  September  to  June  inclusive  of  each  year.  It 
shall   be   the   further   duty   of   such   principals   and   teachers   to 
report  to  the  truant  officer,  the  superintendent  of  public  schools, 
or  the  clerk  of  the  board  of  trustees,  as  the  case  may  be,  all 
cases  of  truancy  or  incorrigibility  in  their  respective  schools  as 
soon  after  these  offenses  have  been  committed,  as  practicable. 
(Act  approved  March  3rd,  1903,  Sec.  6).     (8th  Sess.  Chap.  45). 

971.  Prosecution  of  Truant. — On  the  request  of  the  superin- 
tendent of  schools,  or  the  board  of  trustees,  or  when  it  other- 
wise comes  to  his  notice,  the  truant  officer  shall  examine  into 
any  case  of  truancy  or  non-attendance  within  his  district,  and 
warn  said  truant  or  non-attendant  and  his  parent,  guardian  or 
other  person  in  charge,  in  writing,  of  the  final  consequence  of 
truancy  or  non-attendance  if  persisted  in.     When  any  child  be- 
tween the  ages  of  eight  and  fourteen  years  or  any  child  between 
the  ages  of  fourteen  and  sixteen  years,  who  cannot  read  and  write 
the  English  language  or  who*  is  not  regularly  employed,  is  not 
attending  school,  in  violation  of  the  provisions  of  this  Act,  the 
truant  officer  shall  notify  the  parent,  guardian  or  other  person 
in  charge  of  such   child,  of  the  fact,  and  require  such  parent, 
guardian  or  other  person  in  charge,  to  cause  the  child  to  attend 
some  recognized  school  within  two  days  from  the  date  of  the 
notice ;  and  it  shall  be  the  duty  of  the  parent,  guardian,  or  other 
person  in  charge  of  the  child,  so  to  cause  its  attendance  at  some 
recognized   school.     Upon   failure   to   do   so,   the   truant   officer 
shall  make  complaint  against  the  parent,  guardian  or  other  per- 
son in  charge  of  the  child  in  any  court  of  competent  jurisdiction 
in  the  city,  village,  or  other  district  in  which  the  offense  occurs, 
for  such  failure,  and  upon  conviction,  the  parent,  guardian,  or 


STATE  OF  MONTANA.  143 

>ther  person  in  charge,  shall  be  fined  not  less  than  five  dolars, 
lor  more  than  twenty  dolars,  or  the  court  may  in  its  discretion, 
•equire  the  person  so  convicted  to  give  bond  in  the  penal  sum 
>f  one  hundred  dollars,  with  sureties  to  the  approval  of  the  court, 
:onditioned  that  he  or  she  will  cause  the  child  under  his  or  her 
:harge  to  attend  some  recognized  school  within  two  days,  there- 
ifter  and  to  remain  at  such  school  during  the  term  prescribed 
}y  law;  and  upon  the  failure  or  refusal  of  any  parent,  guardian, 
3r  other  person  to  pay  said  fine  and  costs  or  furnish  said  bond 
according  to  the  order  of  the  court,  then  said  parent,  guardian 
or  other  person  shall  be  imprisoned  in  the  county  jail  not  less 
than  ten  days  nor  more  than  thirty  days.  (Act  approved  March 
3rd,  1903,  Sec.  6).  (8th  Sess.  Chap.  45). 

972.  Committment    to     Industrial    School. — If    the     parent, 
guardian,  or  other  person  in  charge  of  any  child,  shall,  upon  the 
complaint  under  the  last  section  for  a  failure  to  cause  the  child 
to  attend  a  recognized  school,  prove  inability  to  do  so,  then  he 
or  she   shall   be   discharged   and   thereupon   the   truant  officers 
shall   make   complaint   that   the   child   is   a   juvenile    disorderly 
person  within  the  meaning  of  Section  968  (1923),  of  this  Article 
If  such   complaint  is   made  before   any   Mayor,  Justice   of  the 
Peace  or  Police  Judge,  it  shall  be  certified  by  such  Magistrate 
to  the  district  court  in  and  for  the  county  in  which  the  child 
resides  or  to  a  judge  of  said  district  court.     The  district  court 
or  the  judge  thereof  to  whom  the  same  is  certified  shall  hear 
such  complaint  and  if  it  be  determined  that  the  child  is  a  juvenile 
disorderly  person  within  the  meaning  of  Section  968  (1923).  of 
this  Article,  the  said  child  shall  be  committed  by  the  said  court 
or  the  judge  thereof,  to  whom  the  complaint  was  certified  to  the 
industrial  school  hereinafter  provided  for,  where  he  shall  be  sub- 
ject to  all  rules  and  regulations  of  said  industrial  school ;  pro- 
vided, further,  that  if  for  any  cause  the  parent,  guardian,  or  other 
person  in  charge  of  any  juvenile  disorderly  person  as  defined  in 
Section  968  (1923)  of  this  Article,  shall  fail  to  cause  such  juvenile 
disorderly  person  to  attend  school,  then  complaint  against  such 
juvenile  disorderly  person  shall  be  made,  heard  and  determined  in 
like  manner  as  provided  in  case  the  parent  proves  inability  to 
cause  such  juvenile  disorderly  person   to  attend  school.     (Act 
approved  March  3,  1905,  Sec.  i).     (9th  Sess.  Chap.  80). 

973.  Pauper  Children. — When  any  truant  officer  is  satisfied 
that   any  child,   compelled   to  attend   school  by   the   provisions 


144 


GENERAL  SCHOOL  LAW 


of  this  Act,  is  unable  to  attend  school  because  absolutely  required 
to  work,  at  home  or  elsewhere,  in  order  to  support  itself  or  help 
support,  or  care  for  others  legally  entitled  to  its  services,  who 
are  unable  to  support  or  care  for  themselves,  the  truant  officer 
shall  report  the  case  to  the  authorities  charged  with  the  relief 
of  the  poor,  and  it  shall  be  the  duty  of  said  officers  to  afford 
such  relief  as  will  enable  the  children  to  attend  school  the  time 
each  year  required  under  this  Act.  Such  child  shall  not  be  con- 
sidered or  declared  a  pauper  by  reason  of  the  acceptance,  of  the 
relief  herein  provided  for.  In  case  the  child,  or  its  parents  or 
guardian  refuse  or  neglect  to  take  advantage  of  the  provisions 
thus  made  for  its  instruction,  such  child  may  be  committed  to 
the  industrial  school  hereinafter  provided  for.  In  all  cases  where 
relief  is  necessary  it  shall  be  the  duty  of  the  board  of  trustees 
or  the  trustees  of  the  district  to  furnish  text  books  free  of  charge 
and  said  board  of  trustees  may  furnish  any  further  relief  it  may 
deem  necessary,  the  expenses  incident  to  furnishing  said  books 
and  relief  to  be  paid  from  the  general  fund  of  the  school  district. 
(Act  approved  March  3rd,  1903,  Sec.  6).  (8th  Sess.  Chap.  45). 


ARTICLE  XVI. 

Industrial   Schools. 

Section  974.  Industrial  (schools,  where  established. 

Section  975.  Purchase  of  sites  for  buildings.- 

Section  976.  Employment   and   regulations   of   teachers. 

Section  977.  Parent  to  provide  clothing. 

Section  978.  Rules   and  regulations  of  school. 

Section  979.  Paroled  children. 

Section  980.  Recommitment  of  parole  dchildren. 

Section  981.  Incorrigibles. 

Section  982.  Industrial  schools  in  small  districts. 

Section  983.  Receiving  puipils  from  other  districts. 

Section  984.  Penalties  and  fines  for  neglect  of  official  duty. 

Section  985.  Penalties  for  repeated  violations  of  act. 

Section  986.  Duties  of  trustees  to  provide  sufficient  accommodations. 

Section  987.  Costs  of  prosecution. 

iSection  988.  Repeal  of  conflicting  provisions. 

974.  Industrial  Schools,  Where  Established. — In  school  dis- 
tricts having  a  population  of  25,000  or  more,  there  shall  be  es- 
tablished within  two  years  from  the  passage  of  this  Act,  an 
industrial  school  for  the  purpose  of  affording  a  place  of  confine- 
ment, discipline,  instruction,  and  maintenance  of  children  of 


STATE  OF  MONTANA. 


145 


I 


compulsory  school  age  who  may  be  committed  thereto  according 
to  the  provisions  prescribed  in  section  972  (1925).  (Act  ap- 
proved March  3rd,  1903).  (8th  Sess.  Chap.  45). 

975.  Purchase  of  Site  and  Building. — For  the  purpose  of  es- 
tablishing such  school  or  schools,  sites  may  be  purchased  and 
buildings  constructed  or  premises  rented  in  the  same  manner  as 
is  provided  for  in  the  case  of  public  schools  in  such  districts ;  but 
no  school  shall  be  located  at  or  near  any  penal  institution.     And 
it  shall  be  the  duty  of  the  board  of  trustees  to  furnish  such  schools 
with  such  furniture,  fixtures,  industrial  and  other  apparatus,  and 
provisions  as  .may  be  necessary  for  the  maintenance  and  opera- 
tion thereof.     (Act  approved  March  3rd,     1903).       (8th     Sess. 
Chap.  45). 

976.  Employment  and  Regulation  of  Teachers. — The  board 
of  trustees  may  also  employ  a  principal   and  other  necessary 
officers,  agents,  and  teachers,  and  shall  prescribe  the  methods 
of  discipline  and  the  course  of  instruction ;  and  shall  exercise  the 
same  powers  and  perform  the  same  duties  as  is  prescribed  bv 
law  for  the  management  of  other  schools. 

No  religious  instruction  shall  be  given  in  said  school,  except 
such  as  allowed  by  law  to  be  given  in  public  schools ;  but  the 
board  of  trustees  may  make  suitable  regulation  so  that  the  in- 
mates may  receive  religious  training  in  accordance  with  the  be- 
lief of  the  parents  of  such  children,  by  arranging  for  attendance 
at  public  services  elsewhere.  (Act  approved  March  3rd,  1903). 
(8th  Sess.  Chap.  45). 

977.  Parents  to  Provide  Clothing. — It  shall  be  the  duty  of  the 
parent  or  guardian  of  any  child  committed  to  this  school  to  pro- 
vide suitable  clothing  upon  his  or  her  entry  into  such  school,  and 
from  time  to  time  thereafter  as  it  may  be  needed,  upon  notice 
in  writing  from  the  superintendent  or  other  proper  officer  of  the 
school.       In  case  any  parent  or  guardian  shall  refuse  or  neglect 
to  furnish  such  clothing,  the  same  may  be  provided  by  the  board 
of  trustees,  and  such  board  may  have  an  action  against  such 
parent  or  guardian  of  said  child  to  recover  cost  of  such  clothing, 
.with  10  per  cent,  additional  thereto.     (Act  approved  March  3rd, 

1903).     (8th  Sess.  Chap.  45). 

978.  Rules  and  Regulations  of  School. — The  board  of  trustees 
of  such  district  shall  have  power  to  establish  rules  and  regu- 
lations under  which  children  committed  to  such  industrial  school 
may  be  allowed  to  return  home  upon  parole,  but  to  remain  while 


146  GENERAL  SCHOOL  LAW 

upon  parole  in  the  legal  custody  and  under  control  of  the  officers 
and  agents  of  such  school  and  subject  at  any  time  to  be  taken 
back  within  the  enclosure  of  such  school  by  the  superintendent 
or  any  authorized  officer  of  said  school  except  as  hereinafter  pro- 
vided; and  full  power  to  enforce  such  rules  and  regulations  to 
retake  any  such  child  so  upon  parole  is  hereby  conferred  upon 
said  boad  of  trustees.  No  child  shall  be  released  upon  parole 
in  less  than  four  weeks  from  the  time  of  his  or  her  committment, 
nor  thereafter  until  the  superintendent  of  such  industrial  school 
shall  have  become  satisfied  from  the  conduct  of  such  child,  that, 
if  paroled,  he  or  she  will  attend  regularly  the  public  or  private 
school  to  which  he  or  she  may  be  sent  by  his  or  her  parents  or 
guardians,  and  shall  so  certify  to  the  board  of  trustees.  (Act 
approved  March  3rd,  1903.  (8th  Sess.  Chap.  45). 

979.  Paroled  Children. — It  shall  be  the  duty  of  the  principal 
or  other  person  having  charge  of  the  school  to  which  children 
so  released  on  parole  may  be  sent,  to  report  at  least  once  each 
month   to  the  superintendent  of  the  industrial  school,  stating 
whether  or  not  such  child  attends  school  regularly,  and  obeys 
the  rules  and  regulations  of  said  school :  and  if  such  child  so 
released  upon  parole  shall  be  regular  in  his  or  her  attendance  at 
school,  and  his  or  her  conduct  as  a  pupil  shall  be  satisfactory  for 
a  period  of  one  year  from  date  on  which  he  or  she  was  released 
upon  parole,  he  or  she  shall  then  be  finally  discharged  from  the 
industrial  or  truant  school,  and  shall  not  be  recommitted  thereto, 
except  as  hereinbefore     provided.       (Act  approved  March  3rd, 
I9°3)-     (8th  Sess.  Chap  45). 

980.  Recommittment  of  Paroled  Children. — In  case  any  child 
released  from  school  upon  parole,  as  hereinbefore  provided,  shall 
violate  the  conditions  of  his  or  her  parole  at  any  time  within 
one  year  thereafter,  he  or  she  shall  upon  the  order  of  the  board 
of  trustees,  as  hereinbefore  provided,  be  taken  back  to  such  in- 
dustrial school,  and  shall  not  be  again  released  upon  parole  with- 
in the  period  of  three  months  from  the  date  of  such  re-entering ; 
and  if  he  or  she  shall  violate  the  conditions  of  a  second  parole, 
he  oh  she  shall  be  recommitted  to  such  industrial  school,  and  shall 
not  be  released  therefrom  on  parole,  until  he  or  she  shall  remain 
in  such  school  at  least  one  year.     (Act  approved   March  3rd, 
1903).     (8th  Sess.  Chap.  45). 

981.  Incorrigibles. — In  any  case  where  a  child  is  incorrigible 
and   his  or  her  influence   in  such  school  be  detrimental  to  the 


t 


STATE  OF  MONTANA.  147 

interests  of  the  other  pupils,  the  board-of  trustees  may  authorize 
the  superintendent  or  any  other  officer  of  the  school  to  represent 
these  facts  to  the  district  court  by  petition ;  and  the  court  shall 
have  power  to  commit  said  child  to  the  state  reform  school. 
(Act  approved  March  2nd,  1903).  (8th  Sess.  Chap.  45). 

982.  Industrial  Schools  in  Small  Districts. — The  board  of 
trustees  in  districts  having  a  population  less  than  25,000  may 
establish,  maintain  and  operate  an  industrial  school  for  the  pur- 
pose hereinbefore  specified,  and  in  case  of  the  establishment  of 
such  school,  the  board  of  trustees  shall  have  power  in  their 
respective  districts  as  hereinbefore  expressed ;  provided,  that  no 
board  of  trustees  under  this  section  shall  put  this  law  into  effect 
until  submitted  to  a  vote  at  some  general  or  special  election.  (Act 
approved  March  3rd,  1903).  (8th  Sess.  Chap.  45). 

983.  Receiving   Pupils    From    Other    Districts. — Boards    of 
trustees  in  districts  where  there  is  established  and  in  operation 
an  industrial  school,  may  if  the  accomodation  permits  receive 
pupils  from  other  districts  who  have  been  committed  thereto, 
upon  the  payment  from  the  district  in  which  the  child  resides, 
at  such  rate  of  tuition  as  the  board  of  trustees  may  fin.     (Act 
approved  March  3rd,  1903).     (8th  Sess.  Chap.  45). 

984.  Penalties  and  Fine  for  Neglect  of  Official  Duty. — Any 
cer,  principal,  or  other  person  mentioned  in  this  Act,  neglect- 

to  perform  duty  imposed  upon  him*  by  this  act,  shall  be  fined 
not  less  than  twenty-five  or  more  than  fifty  dollars,  for  each 
offense.  Any  officer  or  agent  of  any  corporation  violating  any 
provisions  of  this  Act,  and  who  participates  or  acquiesces  in  or 
is  cognizant  of  such  violation,  shall  be  fined  not  less  than  twenty- 
five  dollars  nor  more  than  fifty  dollars.  Any  person  who  vio- 
lates any  provision  of  this  act  for  which  a  penalty  is  not  else- 
where in  this  Act  nrovided  for,  shall  be  fined  not  more  than  fifty 
dollars.  Mayors,  justices  of  the  peace^  police  judges,  and  dis- 
trict courts  shall  have  jurisdiction  to  try  the  offenses  described 
in  this  Act.  When  complaint  is  made,  information  filed  or  in- 
dictment found  against  any  corporation  for  violating  this  Act, 
summons  shall  be  served,  appearance  made,  or  plea  entered,  as 
provided  by  the  laws  of  Montana,  except  that  in  complaint  be- 
fore magistrates,  service  shall  be  made  by  the  constable.  In  all 
other  cases  process  shall  be  served,  and  proceedings  had,  as  in 
cases  of  misdemeanor.  All  fines  collected  under  the  provisions 
of  this  Act  shall  be  paid  into  the  funds  of  the  school  district  in 


148  GENERAL  SCHOOL  LAW 

which  the  offense  was  committed.  Board  of  trustees  are  author- 
ized to  employ  legal  counsel  to  prosecute  any  case  arising  under 
the  provisions  of  the  A;ct  when  it  shall  deem  the  same  necessary, 
and  the  services  of  such  counsel  shall  be  paid  from  the  general 
fund  of  the  district.  (Act  approved  March  3rd,  1903).  (8th 
Sess.  Chap.  45). 

985.  Penalties  for  Repeated  Violation  of  Act. — Every  person 
who,  after  being  once  convicted  for  violating  any  of  the  pro- 
visions of  this  Act,  shall  be  convicted  of  again  violating  any  of 
the  provisions  of  this  Act,  may,  in  addition  to  the  punishment 
by  way  of  a  fine  elsewhere  provided  for,  be  imprisoned  not  less 
than  ten  days  nor  more  than  thirty  days.     On  complaint,  before 
mayor,  justice  of  the  peace,  or  police  judge  of  a  second  violation 
of  this  Act  involving  punishment  by  imprisonment,  if  a  trial  by 
jury  be  not  waived,  a  jury  shall  be  chosen  and  the  case  tried, 
after  the  manner  provided  in  the  laws  of  Montana.     (Act  ap- 
proved March  3rd,  1903).     (8th  Sess.  Chap.  45). 

986.  Duty  of  Trustees  to  Provide  Sufficient  Accommodations. 
— It  is  hereby  made  the  duty  of  every  board  of  trustees  in  this 
state  to  provide  suffijcient  accomodations  in  the  public  schools 
for  all  children  in  their  district  compelled  to  attend  the  public 
schools  under  the  provisions  of  this  Act.     Authority  to  levy  tax 
and  raise  the  money  necessary  for  such  purpose,  is  hereby  given 
the  proper  officers  charged  with  such  duty  under  the  law.     (Act 
approved  March  3rd,  1903).     (8th  Sess.  Chap.  45). 

987.  Costs  of  Prosecutions. — No  officer  or  person  instituting 
proceedings  under  this  Act  shall  be  required  to  advance  money 
or  give  security  for  costs ;  and  if  a  defendant  is  acquitted  or  dis- 
charged, or  if  convicted,  and  committed  to  jail  in  default  of  pay- 
ment of  fine  and  costs,  the  justice,  mayor,  police  judge  or  district 
court,  before  whom  such  case  was  brought  shall  certify  such 
costs  to  the  county  auditor,  who  shall  examine,  and  if  necessary, 
correct  the  account,  and  issue  his  warrant  to  the  county  treasurer 
in  favor  of  the  respective  persons  to  whom  such  costs  are  due 
for  the  amount   due   each.     (Act  approved   March   3rd,    1903). 
(8th  Sess.  Chap  45). 

988.  Repeal  of  Conflicting  Provisions. — All    sections    in    the 
school  laws  of  the  State  of  Montana  in  violation  of  the  provisions 
of  this  Act  are  hereby  repealed.     (Act    approved    March    3rd, 
1903).     (8th  Sess.  Chap.  45). 


STATE  OF  MONTANA. 


149 


ARTICLE  XVII. 

City   Superintendent  of   Schools. 
Section  989.     City  superintendent  of  schools. 
Section  990.     Qualifications. 
Section  991.    Duties. 
Section  992.     Certain  employment  prohibited. 

989.  (Sec.  1930.)     City  Superintendent  of  Schools. — In  every 
district  having  a  population  of  five  thousand  and  upwards  the 
board  of  trustees  of  such  district  may  appoint  a  superintendent 
of  schools,  who  shall  be  designated  city  superintendent  of  schools 
of  the  district  and  who  shall  hold  his  position  at  the  pleasure  of 
the  board.     He  shall  be  paid  a  salary  from  the  general  school 
fund  to  be  fixed  by  the  board  of  trustees.     (Act  approved  March 
11,  1895). 

990.  (Sec.    1931.)     Qualifications. — The  person  appointed  to 
such  position  shall  be  a  holder  of  a  state  certificate  of  the  highest 
grade,  issued  in  some  state,  or  a  graduate  of  some  reputable 
university,  college  or  normal  school,  and  shall  have  taught  in 
public   schools  at  least  five  years.     (Act  approved   March    n, 

1895). 

991.  (Sec.  1932.)     Duties. — The  superintendent  shall  perform 
such  duties  as  the  board  of  trustees  shall  prescribe.     (Act  ap- 
proved March  n,  1895). 

992.  (Sec.  1933.)     Certain  Employment  Prohibited. — No  city 
superintendent  shall  engage  in  any  work  that  will  conflict  with 
his  duties  as  superintendent.     (Act  approved  March  n,  1895). 

ARTICLE  XVIII. 

School  Funds. 

Section     993.  Permanent    school  fund. 

Section     994.  Common   school  levy. 

Section     995.  Special  school  tax. 

Section     996.  Apportionment. 

Section     997.  Purposes  for  which  money  may  be  used. 

Section     998.  Transfer  of  road  funds. 

Section     999.  Proceeds  of  town  lots. 

Section  1000.  Building  and  furnishing  fund. 

Section  1001.  Warn 

Section  1002.  Transfer  of  funds.     Election. 

993.  Permanent    School    Fund. — The    principal   of   the    state 
school  fund  shall  remain  irreducible  and  permanent.     That  said 


150  GENERAL  SCHOOL  LAW 

fund  shall  be  derived  from  the  following  sources,  to-wit :  ap- 
propriations and  donations  by  the  state  to  this  fund;  donations 
and  bequests  by  individuals  to  the  state  or  common  schools ;  the 
proceeds  of  land  and  other  property  which  revert  to  the  state  by 
escheat  and  forfeiture ;  the  proceeds  of  all  property  granted  to 
the  state,  when  the  purpose  of  the  grant  is  not  specified  or  is 
uncertain ;  funds  accumulated  in  the  treasury  of  the  state 
for  the  disbursement  of  which  provision  has  not  been  made  by 
law;  the  proceeds  of  the  sale  of  timber,  stone,  materials  or  other 
property  from  school  lands  other  than  those  granted  for  specified 
purposes,  and  all  moneys  other  than  rental  recovered  from  per- 
sons trespassing  on  said  lands ;  five  per  centum  of  the  proceeds 
of  the  sale  of  public  lands  lying  within  the  state  which  shall  be 
sold  by  the  United  States  subsequent  to  the  admission  of  the 
state  into  the  Union  as  approved  by  Section  15  of  the  Enabling 
Act;  the  principal  of  all  funds  arising  from  the  sale  of  lands  and 
other  property  which  have  been  and  may  be  hereafter  granted 
to  the  state  for  the  support  of  common  schools  and  such  other 
funds  as  may  be  provided  by  legislative  enactment.  (Act  ap- 
proved March  8,  1897.)  (5th  Sess.  Chap.  133). 

994.  Common  School  Levy. — In  addition  to  the  provisions  for 
the  support  of  common  schools,  hereinbefore  provided,  it  shall 
be  the  duty  of  the  county  commissioners  of  each  county  in  the 
state  to  levy  an  annual  tax  of  four  mills  on  the  dollar  of  the  as- 
sessed value  of  all  taxable  property,  real  and  personal,  within 
the  comity  which  levy -shall  be  made  at  the  time  and  in  the 
manner  provided  by  law  for  the  levying  of  taxes     for     county 
purposes,  which  tax  shall  be  collected  by  the  county  treasurer 
at  the  same  time  and  in  the  same  manner  as  state  and  county 
taxes  are   collected.     For  the   further  support  of  the   common 
schools,  there  shall  also  be  set  apart  by  the  county  treasurer  all 
moneys  paid  into  the  county  treasury  arising  from  all  fines  or 
violations  of  law,  unless  otherwise  specified     by     law.       Such 
money  shall  be  forthwith  paid  into  the  county  treasury  by  the 
officer  receiving  the  same,  and  be  added  to  the  yearly  school 
fund  raised  by   taxing  each   county   and   dividing  in  the   same 
manner.     (Act  approved  February  27,  1907,  Sec.  i).     (loth  Sess. 
Chap.   51). 

995.  Special  School  Tax. — On  or  before  the  day  designated 
by  law  for  the  commissioners  of  each  county  to  levy  the  requisite 
taxes  for  the  then  ensuing  year,  the  school  board  in  each  school 


STATE  OF  MONTANA.  151 

istrict  shall  certify  to  the  county  commissioners  the  number 
of  mills  per  dollar  which  is  necessary  to  levy  on  the  taxable 
property  of  the  district,  not  to  exceed  ten  mills,  to  raise  a  special 
fund  to  maintain  the  schools  of  said  districts, to  furnish  additional 
school  facilities  therefor,  and  to  furnish  such  appliances  and  ap- 
paratus as  may  be  needed,  and,  in  the  districts  of  the  first  and 
second  class,  the  trustees  thereof  must  make  such  special  levy, 
or  so  much  thereof  as  may  be  necessary  to  maintain  a  school 
term  of  at  least  nine  months  in  each  year,  and  the  county  com- 
missioners shall  cause  the  same  to  be  levied  at  the  same  time 
that  other  taxes  are  levied,  and  the  amount  of  such  special  tax 
shall  be  assessed  to  each  taxpayer  of  such  district,  and  shall  be 
placed  in  separate  column  of  the  tax  book,  which  shall  be  headed 
"Special  School  Tax." 

There  shall  also  be  a  column  in  said  tax  book,  which  shall  be 
designated  the  number  of  the  school  district  in  which  the  prop- 
erty is  listed.  This  tax,  when  collected,  shall  be  placed  to  the 
credit  of  the  proper  district,  and  shall  be  subject  to  the  order 
of  the  district  board.  (Act  approved  February  27,  1907,  Sec. 
2).  (loth  Sess.  Chap.  51). 

996.  (Sec.    1942.)     Apportionment. — All    school    moneys  ap- 
portioned by  county  superintendents  of  common  schools  shall 
be  apportioned  to  the  several  districts  in  proportion  to  the  num- 
ber of  school  census  children  between  six  and  twenty-one  years 
of  age,  as  shown  by  the  returns  of  the  district  clerk  for  the  next 
preceding  school  census;  Provided,  that  children,  who  are  not 
living  under  the  guardianship  of  white  persons,  shall  not  be  in- 
cluded in  the  apportionment  list,  unless  the  parents  thereof  are 
citizens  of  the  United  States  or  have  taken  land  under  the  allot- 
ment and  severalty  act  of  congress,  and  have  severed  their  tribal 
relations.     (Act  approved  March  n,  1895). 

State  v.  Cave,  20  Mont.  473;    52  Pac.  202. 

997.  (Sec.  1943.)     Purposes  for  Which  Money  May  be  Used. 
— County  school  moneys  may  be  used  by  the  county  superin- 
tendent and  trustees  for  the  various  purposes  as  authorized  and 
provided  in  this  title,  and  for  no  other  purpose,  except  that  i:i 
any  district,  any  surplus  in  the  general  school  fund  to  the  credit 
of  said  district,  after  providing  for  the  expenses  of  not  less  than 
ciii'lu  months'  school,  on  a  vote  of  the  qualified  electors  of  said 
district,  may  be  used  for  the  purpose  of  building  and  improve- 
ment.    If  any  school  money  shall  be  paid  by  authority  of  the 


152  GENERAL  SCHOOL  LAW 

board  of  trustees  for  any  purpose  not  authorized  by  this  title, 
the  trustees  consenting  to  such  payment  shall  be  liable  to  the 
district  for  the  repayment  of  such  sum,  and  a  suit  to  recover 
the  same  may  be  brought  by  the  county  attorney,  or,  if  he  shall 
refuse  to  bring  the  same,  a  suit  may  be  brought  by  any  tax- 
paying  elector  in  the  district.     (Act  approved  March  n,  1895). 
Butte   v.    School   District,   29    Mont.    336;    74    Pac.    869.      School 
district   property   cannot   be   specially   assessed   to   pay   the 
cost  of   sprinkling   the   streets   on   which    it   abuts.        The 
"improvement"    mentioned    in    this    section     must    enhance 
materially  the  value  of  the  school  property  for  the  purpose 
for  which  it  is  held. 

998.  (Sec.  1944.)     Transfer  of  Road  Funds. — It  shall  be  the 
duty  of  the  county  treasurer  in  each  county  in  this  state  upon 
an  order  of  the  board  of  county  commissioners,  to  transfer  any 
and  all  sums  of  money  raised  by  county  road  tax  and  apportioned 
to  certain  road  districts,  that  shall  have  remained  one  year  to  trie 
credit  of  any  road  district  unused  or  unapportioned,  to  the  credit 
of  the  particular  school  district  or  districts  whose  boundaries 
are  coterminous,  or  nearly  so,  with  those  of  the  road  district 
to  whose   credit  said  moneys  were  originally   apportioned.     A 
certificate  to  the  road  supervisor  that  such  moneys  are  not  needed 
for  immediate  use  in  building  or  repairing  roads  in  his  district, 
accompanied  by  the  petition  of  ten  residents  of  such  district  that 
such  transfer  be  made,  shall  be  made  sufficient  warrant  for  the 
county  treasurer  to  make  such  transfer  when  approved  by  the 
board   of  county   commissioners,   and  the   official   maps   of  the 
several  road  and  school  districts  of  the  county  shall  determine 
the  districts  to  which  the  transfers  are  to  be  made.     Moneys  so 
received  to  the  credit  of  any  particular  school  district  may  be 
applied  by  the  trustees  thereof  to  the  payment  of  any  outstanding 
district  indebtedness,  or  like  other  funds,  to  the  ordinary  ex- 
penses of  the  district.     (Act  approved  March  n,  1895). 

999.  (Sec.   1945.)     Proceeds     of     Town     Lots. — All  moneys 
arising  from  the  sale  of  town  lots  under  and  by  virtue  of  the 
several  acts  of  the  legislative  assembly  of  the  state  of  Montana 
relating  to  town  sites,  that  are  now  or  that  hereafter  may  come 
into  the  hands  of  any  clerk  of  the  district  court,  or  the  corporate 
authorities  of  any  city  or  town  of  the  state,  shall  be  paid  into 
the  county  treasury  of  the  county  for  the  use  and  benefit  of  the 
common  schools  of  the  school  district  in  which  such  city  or  town 
is  situated,  to  be  used  as  provided  for  in  this  title.     (Act  approved 
March  n,  1895). 


STATE  OF  MONTANA. 


153 


1000.  (Sec.     1946.)     Building    and    Furnishing    Fund. — The 
county  treasurer  of  the  several  counties  of  this  state  shall  trans- 
fer all  moneys  so  paid  into  said  treasury  as  provided  for  in  Sec. 
999  (1945)  of  this  title,  or  that  may  now  be  in  such  treasury, 
derived  from  said  source,  to  the  school  fund  of  the  school  district 
in  which  town  is  situated,  which  shall  be  paid  out  on  the  order 
of  the  school  trustees  of  such  district,  as  provided  for  in  Sec. 
looi  (1947),  of  this  title;  and  which  said  moneys  shall  be  by  said 
treasurer  set  apart    as  a  special  fund  for  the  purpose  of  building 
and  furnishing  school  houses,  and  shall  be  used  for  such  purpose 
alone,   unless  otherwise  ordered,  as  provided  for  in  this  title. 
(Act  approved  March   n,  1895). 

1001.  (Sec.    1947.)     Warrants. — The   school   trustees  of  any 
school  district  are  hereby  authorized  to  draw  warrants  on  said 
fund  named  in  Section  999  (1945)  and  1000  (1946),  of  this  title, 
for  the  purpose  of  building  and  furnishing  a  school  house  in  such 
place,  in  the  town  or  city  from  the  sale  of  lots  out  of  which  such 
fund  arose,  as  they  may  designate,  which  said  warrants  or  orders 
shall  specify  the  fund  on  which  the  same  are  drawn  and  for 
what  purpose  drawn.     (Act  approved  March  n,  1895). 

1002.  (Sec.  1948.)     Transfer  of  Funds.     Election. — Said  fund 
may  be  used  for  general  school  purposes,  if  a  majority  of  the 
qualified  electors  of  such  district  shall  so  elect,  and  upon  the 
written  request  of  any  five  of  the  qualified  electors  of  such  dis- 
trict presented  to  the  trustees  for  such  purpose  in  the  manner 
provided  in  Sec.  1243  and  the  trustees  shall  prepare  the  form  of 
the  ballot  used  in  such  election,  which  election  shall  be  con- 
ducted as  other  elections  provided  for  in  the  several  school  dis- 
tricts under  the  general  school  laws  of  this  state,  and  when  any 
warrant  is  so  drawn  on  said  fund  for  other  purpose  than  the 
building  and  furnishing  of  a  school  house,  said  warrant  shall 
specify  that  it  was  pursuant  to  an  election  held  for  such  purpose. 
(Act  approved  March  n,  1895). 

*  No  -uch  number  in  original  bill. 


154  GENERAL  SCHOOL  LAW 

ARTICLE  XIX. 

Bonds. 

Section  1003.     How  issued.     Election.     Limit. 

Section  1004.     Bonds  for  building  and  equipping  school  buildings. 

Section  1005.     Manner  of  holding  elections.     Ballots.     Voting. 

Section  1006.    Notice  of  sale  of  bonds. 

Section  1007.     School  district  liable  on  bonds. 

Section  1008.     Tax.     Interest.     Sinking  funds. 

Section  1009.  Redemption  of  bonds.  Duties  of  county  commis- 
sioners. 

Section  1010.     Redemption  notice  to  bond  holders. 

Section  1011.     Duty  of  county  treasurer. 

Section  1012.     Printing  of  bonds. 

Section  1013.     Penalty  for  refusal  to  pay  'bonds. 

Section  1014.  Repayment  of  moneys  borrowed  for  maintenance  of 
schools. 

Section  1015.     Special  levy  to  repay  moneys  borrowed. 

Section  10.16.     Disposition  of  funds  collected. 

Section  1017.    Trustees  may  issue  bonds. 

Section  1018.     General  laws  applicable. 

1003.  (Sec.   1960.)     How  Issued.       Election.       Limit. — The 
board  of  school  trustees  of  any  school  within  this  state  shall, 
whenever  a  majority  of  the  school  trustees  so  decide,  submit  to 
the  electors  of  the  district  the  question  whether  the  board  shall 
be  authorized  to  issue  coupon  bonds  to  a  certain  amount,  not 
to  exceed  three  per  cent,  of  the  taxable  property  in  said  district, 
and  bearing  a  certain  rate  of  interest  not  exceeding  six  per  cent, 
per  annum,  and  payable  and  redeemable  at  a  certain  time,  for  the 
purpose  of  building  and  furnishing  one  or  more  school  houses 
in  said  district,   and  pui  chasing  land  necessary  for  the  same. 
Should  the  trustees  of  any  school  district  in  which  bonds  .have 
heretofore  been  issued  to  any  amount,  desire  to  submit  to  the 
electors  of  the  district  the  question  as  to  whether  additional 
bonds  shall  be  issued  they  may  do  so,  but  no  such  bonds  shall 
be  issued  unless  a  majority  of  all  the  votes  cast  at  any  such 
election  shall  be  cast  in  favor  of  such  issue  of  additional  bonds ; 
and  in  no  case  shall  the  whole  issue  of  bonds  exceed  the  amount 
of  three  per  cent,  of  the  taxable  property  within  said  school  dis- 
trict.    (Act  approved  March  n,  1895). 

1004.  Bonds  for  Building  and  Equipping  School  Buildings. — 
The  board  of  school  trustees  of  any  school  district  within  Mon- 
tana, shall,  whenever  a  majority  of  the  school  trustees  so  decide, 
submit  to  the  electors  of  the  district  the  question  whether  the 


STATE  OF  MONTANA.  155 

>ard  shall  be  authorized  to  issue  coupon  bonds  to  a  certain 
amount,  not  to  exceed  three  per  cent,  of  the  taxable  property  in 
said  district;  provided,  that  nothing-  herein  contained  shall 
authorize  the  issuance  of  bonds  to  an  amount  exceeding  five 
hundred  thousand  dollars  in  any  one  school  district,  and  bearing 
a  certain  rate  of  interest  not  exceeding  six  per  centum  per  annum 
and  payable  and  redeemable  at  a  certain  time,  for  the  purpose 
of  building  and  furnishing  one  or  more  school  houses  in  said 
district,  and  purchasing  land  necessary  for  the  same.  Should 
the  trustees  of  any  school  district  in  which  bonds  have  been 
heretofore  issued  to  any  amount,  desire  to  submit  to  the  electors 
of  the  district  the  question  as  to  whether  additional  bonds  shall 
be  issued  they  may  do  so,  but  no  such  bonds  shall  be  issued 
unless  a  majority  of  all  votes  cast  at  any  such  election  shall 
be  cast  in  favor  of  such  issue  of  additional  bonds ;  and  in  no  case 
shall  the  whole  issue  of  bonds  exceed  in  amount  three  per  centum 
of  the  taxable  property  within  such  school  district.  This  Act 
shall  not  apply  to  an  Act  entitled  "An  Act  to  authorize  the  school 
trustees  of  the  school  district  number  one,  of  Deer  Lodge 
county,  to  issue  additional  bonds  for  certain  purposes,"  approved 
February  i3th,  1885.  (Act  approved  February  21,  1905,  Sec. 
i).  (Qth  Sess.  Chap  28). 

1005.  Manner  of  Holding  Election.  Ballots.  Voting. — Such 
election  shall  be  held  in  the  manner  prescribed  for  the  election 
of  school  trustees  except  that  no  registration  will  be  required. 
The  ballots  shall  be  in  the  form  as  follows:  "Shall  bonds  be 

issued  and  sold  to  the  amount  of  dollars 

and  bearing  not  to  exceed  per  cent,  interest  and  for 

a  period  not  to  exceed years,  for  the  purpose  of  purchasing 

a  school  lot  and  building  a  school  house  thereon  and  furnishing 
the  same? 

r.onds.  Yes. 

l-oiids.    No. 

The  elector  shall  prepare  his  ballot  by  crossing  cut  thereon 
parts  of  the  ballot  in  such  a  manner  that  the  remaining  part 
shall  express  his  vote  upon  the  question  submitted.  If  a 
majority  of  the  \ou-s  cast  at  such  election  are  Bonds,  "Yes,"  the 
board  of  school  trustees  shall  issue  such  bonds  in  such  form  as 
the  board  may  direct,  and  they  shall  bear  the  signature  of  the 
chairman  of  the  board  of  trustees,  and  shall  be  signed  by  the  clerk 
of  the  said  school  district ;  and  the  coupons  attached  to  the 


156  GENERAL  SCHOOL  LAW 

bonds  shall  be  signed  by  the  said  chairman  and  clerk,  provided, 
a  lithographic  or  engraved  facsimile  of  the  signatures  of  the 
chairman  and  clerk  may  be  affixed  to  coupons  only,  when  so 
recited  in  the  bonds,  and  the  corporate  seal  of  the  school  dis- 
trict shall  be  attached  to  each  of  the  bonds ;  and  each  bond  so 
issued  shall  be  registered  by  the  county  treasurer  in  a  book 
provided  for  that  purpose,  which  shall  show  the  number  and 
amount  of  each  bond,  and  the  person  to  whom  the  same  is 
issued  or  sold;  and  the  said  bonds  shall  be  sold  by  the  trustees 
as  hereinafter  provided.  (Act  approved  March  14,  1901,  Sec. 
2).  (7th  Sess.  125-6). 

Hauswirth  v.  Mueller,  25  Mont.  159;  64  Pac.  325. 

1006.  (Sec.    1963.)      Notice   of   Sale   of  Bonds. — The   school 
trustees  shall  give  notice  by  advertisement  in  some  newspaper 
published  in  this  state,  for  a  period  of  not  less  than  four  weeks 
to  the  effect  that  the  said  school  trustees  will  sell  said  bonds 
(briefly  describing  the  same),  and  stating  the  time  when,  and 
pla':e  where,  such  sale  will  take  place ;  Provided,  that  the  said 
bonds  shall  not  be  sold  for  less  than  their  par  value,  and  that 
the  said  trustees  are  authorized  to  reject  any  bids,  and  to  sell 
said  bonds  at  private  sale,  if  they  deem  it  for  the  best  interests 
of  the  district ;  and  all  moneys  arising  from  the  sale  of  said  bonds 
shall  be  paid  forthwith  into  the  treasury  of  the  county  in  which 
such  district  may  be  located  to  the  credit  of  said  district,  and  the 
same  shall  be  immediately  available  for  the  purpose  of  building 
or  providing  the  school  houses  authorized  by  this  title ;  Provided, 
that  no  such  bonds  shall  be  delivered  by  the  board  of  trustees 
unless    the    moneys   therefor    have   been    paid   into    the    county 
treasury.        (Act  approved  March  u,   1895). 

1007.  (Sec.    1964.)     School   District  Liable  on  Bonds. — The 
faith  of  each  school  district  is  solemnly  pledged  for  the  payment 
of  the  interest  and  the  redemption  of  the  principal  of  the  bonds 
which  shall  be  issued  under  the  provisions  of  this  title.     And 
for  the  purpose  of  enforcing  the  provisions  of  this  title,   each 
school  district  shall  be  a  body  corporate,  which  may  sue  and  be 
sued  by  or  in  the  name  of  the  board  of  school  trustees  of  such 
district.     (A'ct  approved  March  n,  1895). 

1008.  (Sec.    1965.)     Tax.      Interest.       Sinking    Fund.— The 
school  trustees  of  each  district  shall  ascertain  and  levy  annually, 
the  tax  necessary  to  pay  the  interest  when  it  becomes  due  and 
a  sinking  fund  to  redeem  the  bonds  at  their  maturity ;  and  said 


STATE  OF  MONTANA.  157 

shall  become  a  lien  upon  the  property  in  said  school  dis- 
trict, and  be  collected  in  the  same  manner  as  other  taxes  for 
school  purposes.  (Act  approved  March  n,  1895). 

1009.  (Sec.  1966.)  Same.  Redemption  of  Bonds. — The 
county  commissioners,  at  the  time  of  making  the  levy  of  taxes 
for  county  purposes,  must  levy  a  tax  for  that  year  upon  the 
taxable  property  in  such  district,  for  the  interest  and  redemption 
of  said  bonds,  and  such  tax  must  not  be  less  than  sufficient  to 
pay  the  interest  of  said  bonds  for  that  year,  and  such  portion 
of  the  principal  as  is  to  become  due  during  such  years  and  in  any 
event  must  be  high  enough  to  raise,  annually  for  the  first  half  of 
the  term  said  bonds  have  to  run,  a  sufficient  sum  to  pay  the  inter- 
est thereon,  and  during  the  balance  of  the  term,  high  enough topay 
such  annual  interest,  and  to  pay,  annually  a  portion  of  the  prin- 
cipal of  said  bonds  equal  to  a  sum  produced  by  taking  the  whole 
amount  of  said  bonds  outstanding  and  divide  it  by  the  number  of 
years  said  bonds  have  to  run ;  and  all  money  so  levied,  when 
collected,  must  be  paid  into  the  county  treasury  to  the  credit  of 
such  district,  kept  in  a  separate  fund  and  be  used  for  the  payment 
of  principal  and  interest  on  said  bonds,  and  for  no  other  purpose. 

1.  Provided,  that  the  board  may  with  the  surplus  of  such 
sinking  fund,  when  the  same  shall  be  one  thousand  dollars  or 
more,  purchase  any  of  the  outstanding  bonds  issued  by  the  board. 
Such  purchase  shall  be  made  at  the  lowest  price  such  bonds  can 
be  purchased  at,  but  at  no  more  than  par  value  of  such  bonds; 
and   whenever  there  shall   be   such  a  surplus   of  sinking  fund 
amounting  to  the  sum  of  one  thousand  dollars,  the  board  shall 
purchase  therewith  like  bonds,  on  the  same  terms  and  conditions 
as  hereinbefore  specified. 

2.  If   for   any    reason    such    bonds   cannot   be   purchased   as 
hereinbefore  specified,  such  sinking  fund  shall  be  invested  by  the 
treasurer  under  the  direction  of  the  board  of  trustees,  at  such 
times  as  the  board  shall  direct,  in  the  interest-bearing  bonds 
of  the  United  States  or  of  the  State  of  Montana,  which  shall  be 
purchased  at  the  lowest  market  price.     Interest  accruing  upon 
such  bonds  shall  be  invested  in  the  same  manner  and  for  the 
same  purpose  as  sinking  fund.     Such  bonds  shall  be  held  by  the 
treasurer  until  the  principal  of  any  bonds  issued  by  the  board  of 
trustees  shall  become  due,  and  shall  be  sold  at  the  highest  market 
price,  and  the  proceeds  applied  to  the  payment  of  bonds:  Pro- 
vided, further,  that  if  at  any  time  the  board  shall  deem  it  best, 


158  .        GENERAL  SCHOOL  LAW 

it  shall  be  lawful  to  sell  such  bonds  for  the  purpose  of  pur- 
chasing the  bonds  issued  by  such  board ;  but  all  such  sales  shall 
be  at  the  highest  market  price,  and  the  bonds  of  the  board  pur- 
chased with  the  proceeds  of  such  sale  shall  be  purchased  at  the 
lowest  price  they  can  be  obtained  for,  and  not  above  the  par 
value  of  such  bonds ;  Provided,  further,  that  the  bonds  first 
maturing  shall  be  purchased,  if  they  can  be  purchased,  on  terms 
as  favorable  to  the  board  as  others  offered  for  sale  to  the  said 
board.  All  bonds  of  the  said  board  purchased  under  the  author- 
ity hereby  given,  or  paid  by  the  board,  shall  be  forthwith 
canceled  as  provided  in  the  next  succeeding  section.  Act  approved 
March  18,  1895). 

1010.  (Sec.  1967.)  Redemption.  Notice  to  Bond  Holder. — 
When  the  sum  in  said  sinking  fund  shall  equal  or  exceed  the 
amount  of  any  bond  then  due,  the  county  treasurer  shall  give 
notice  to  each  bond  holder,  if  known  to  him  and  shall  post  in 
his  office  a  notice  that  he  will,  within  thirty  days  from  the  date 
of  such  notice,  redeem  the  bonds  then  payable,  giving  the 
numbers  thereof,  and  preference  shall  .be  given  to  the  oldest  issue  ; 
and  if  at  the  expiration  of  the  said  thirty  days  the  holder  or 
holders  of  said  bonds  shall  fail  or  neglect  to  present  the  same 
for  payment,  interest  thereon  shall  cease ;  but  the  treasurer 
shall  at  all  times  thereafter  be  ready  to  redeem  the  same  on 
presentation,  and  when  any  bonds  shall  be  so  purchased  or  re- 
deemed the  county  treasurer  shall  cancel  all  bonds  so  purchased 
and  redeemed  by  writing  across  the  face  of  such  bond  or  bonds, 
in  red  ink,  the  word  "Redeemed"  and  the  date  of  such  redemp- 
tion;  Provided,  that,  whenever  in  the  judgment  of  the  board 
of  school  trustees  and  prior  to  the  redemption  of  said  bonds  said 
board  shall  deem  it  advisable  and  for  the  best  interests  of  the 
school  district  to  invest  said  sinking  fund  or  any  part  thereof, 
the  board  may  by  an  order  entered  upon  their  minutes  direct 
and  require  the  county  treasurer  to  invest  said  sinking  fund  or 
any  part  thereof  in  state  or  county  bonds  or  warrants  until  such 
redeemable  period.  (Act  approved  March  n,  1895). 

ion.  (Sec.  1968.)  Duty  of  County  Treasurer. — The  county 
treasurer  shall  pay  out  of  any  moneys  belonging  to  a  school 
district  the  interest  upon  any  bonds  issued  under  this  title  by 
such  district  when  the  same  shall  become  due,  upon  the  presenta- 
tion at  his  office  of  the  proper  coupon  which  shall  show  the 
amount  due,  and  the  number  of  the  bond  to  which  it  belonged ; 


STATE  OF  MONTANA. 


159 


and  all  coupons  so  paid  shall  be  reported  to  the  school  trustees 
at    their    first    meeting   thereafter.     (Act    approved    March    n, 

1895). 

1012.  (1969.)     Printing  of  Bonds. — The  school  trustees  of  any 
district  shall  cause  to  be  printed  or  lithographed,  at  the  lowest 
rates,  suitable  bonds,  with  the  coupons  attached,  when  the  same 
shall  become   necessary,  and  pay  therefor  out  of  any  moneys 
in  the  county  treasury  to  the  credit  of  said  school  district.     (Act 
approved  March  n,  1895). 

1013.  (Sec.    1970).     Penalty. — If  any  of  the  school  trustees 
of  any  district  shall  fail  or  refuse  to  pay  into  the  proper  county 
treasury  the  money  arising  from  the  sale  of  any  bonds  provided 
for  by  this  title,  they  shall  be  deemed  guilty  of  a  felony,  and 
upon  conviction  thereof,  shall  be  punished  by  imprisonment  in 
the  state  penitentiary  for  a  term  of  not  less  than  one  year  nor 
more  than  ten  years.     (Aict  approved  March  n,  1895). 

1014.  Repayment  of  Moneys  Borrowed  for  Maintenance  of 
Schools. — That  whenever,  before  the  passage  of  this  Act,  the 
taxes  levied  and  collected  in  any  schol  district  upon  the  taxable 
property  of  said  district,  for  the  necessary  maintenance  of  the 
schools  therein,  have  been  insufficient  for  the  necessary  mainte- 
nance of  said  schools,  and  for  that  reason  the  trustees  of  said 
school  district  have  been  compelled  to  borrow  money  for  the 
necessary  maintenance  of  said  schools,  in  order  to  prevent  the 
closing  of  the  same  for  a  portion  of  the  regular  school  year  of 
said  district,  and  have     borrowed     money     for  -the     necessary 
maintenance  of  said  schools,  and  such  moneys  so  borrowed  can- 
not be  repaid  out  of  the  total  amount  of  taxes  that  may  be 

<1  by  maximum  levy  for  school  purposes  in  such  district, 
without  using  the  funds  of  the  district  needed  to  pay  the  neces- 
sary current  expenses  for  the  maintenance  of  the  schools  there- 
in, and  thereby  necessitating  the  closing:  of  such  schools  for 
the  whole  or  a  portion  of  the  regular  current  school  year  of  such 
district  for  one  or  more  years,  then  the  said  trustees  shall  be, 
and  are  hereby,  empowered  to  raise  money  to  rert^-.  and  to  repay 
such  loans,  with  interest  thereon  from  the  date  thereof  until 
paid  at  the  rate  of  six  per  cent  per  annum,  by  levying  a  tax 
therefor  upon  all  the  taxable  property  in  said  district  in  the 
manner  provided  in  the  following  sections.  (Act  approved 
January  27,  1905,  Sec.  i).  (9th  Sess.  Chap.  2). 

1015.  Special  Levy  to  Repay  Moneys  Borrowed. — That  if  the 


160  GENERAL  SCHOOL  LAW 

trustees  of  any  school  district,  under  the  circumstances  mentioned 
in  Section  i,  of  this  Act  shall  determine  to  repay  the  moneys 
borrowed  and  used  for  the  purpose  mentioned  in  said  Section  i, 
they  shall  ascertain  the  amount  to  be  levied  by  rinding  the 
amount  of  the  principal,  of  such  loans  and  interest  at  six  per 
cent  per  annum  from  the  date  thereof  to  December  i5th  of  the 
year  in  which  such  levy  shall  be  made,  that  being  the  time  when 
the  tax  will  properly  be  collected,  and  shall,  on  or  before  the 
day  when  the  county  commissioners  are  required  by  law  to  make 
the  annual  tax  levy,  make  and  file  with  the  county  clerk  of  the 
county  in  which  such  school  district  shall  be  situated,  their 
certificate,  which  shall  be  signed  by  a  majority  of  such  trustees, 
setting  forth  therein  the  amount  to  be  raised  as  aforesaid,  and 
requesting  the  county  commissioners  to  levy  the  amount  named 
in  said  certificate  as  a  special  tax  upon  all  taxable  property 
in  said  school  district.  The  valuation  of  the  property  in  said 
district  as  the  same  appears  upon  the  assessment  roll  of  said 
county  for  the  year  for  which  the  levy  shall  be  made,  shall  be 
the  basis  for  the  assessment  of  such  tax.  It  shall  be  the  duty 
of  the  county  commissioners  at  the  time  the  annual  tax  levy  is 
made,  to  levy  the  sum  named  in  said  certificate  as  a  special 
tax  upon  all  of  the  taxable  property  in  said  district,  and  the  duty 
of  the  county  clerk  to  spread  said  tax  upon  the  said  assessment 
roll  against  all  of  said  property  in  the  same  manner  as  other 
taxes  are  spread  upon  said  roll,  and  said  tax  being  so  assessed 
shall  become  a  lien  upon  said  property  and  be  collected  in  the 
same  manner  as  other  taxes  for  school  purposes  are  collected. 
(Act  approved  February  iQth,  1901,  Sec.  2).  (7th  Sess.  3-4). 
1016.  Disposition  of  Funds  Collected. — That  when  the  tax 
mentioned  in  the  preceding  sections,  has  been  collected,  or  any 
part  thereof,  the  county  treasurer  shall  place  the  same  to  the 
credit  of  said  school  district  in  a  fund  separate  from  all  other 
funds  of  said  district,  and  the  moneys  in  such  fund  shall  be 
forthwith  paid  out  by  the  trustees  to  the  persons  and  corpora- 
tions to  whom  the  same  are  payable,  and  until  the  debt  for  the 
payment  of  which  such  moneys  were  raised  have  been  paid,  no 
part  of  such  funds  shall  be  used  for  any  other  purpose.  If  from 
failure  to  collect  the  entire  amount  of  such  tax,  or  from  any 
other  cause,  there  shall  not  be  moneys  sufficient  in  said  fund  to 
pay  the  amount  of  principal  and  interest  of  the  sum  borrowed, 
the  trustees  shall  pay  the  amount  of  such  deficiency  from  the 


STATE  OF  MONTANA. 


161 


general  fund  to  the  credit  of  said  district,  and,  if  after  paying 
all  of  the  debts  payable  out  of  such  special  fund,  a  balance  shall 
remain  therein  such  balance  shall  be  transferred  to  the  general 
fund  of  said  district.  (Act  approved  February  I9th,  1901,  Sec. 
3).  (7th  Sess.  4). 

1017.  Trustees  May  Issue  Bonds. — If  the  trustees  of  any 
school  district  mentioned  in  this  Act  shall  determine  that  it 
rould  not  be  for  the  best  interest  of  said  district  to  raise  in  any 
one  year  the  moneys  mentioned  in  Section  I  of  this  Act  by 
levying  and  collecting  a  tax  therefor  as  in  the  preceding  sections 
provided,  they  shall  nevertheless  be  authorized  and  empowered 
to  raise  such  moneys  by  issuing  and  selling  the  bonds  of  said 
district  in  an  amount  sufficient  to  repay,  and  to  repay,  such 
moneys  with  interest  thereon  at  six  percent  per  annum.  If  the 
said  trustees  shall  determine  to  issue  the  bonds  of  said  district 
for  the  purpose  aforesaid,  they  shall  ascertain  the  amount  of 
said  bonds  by  rinding  the  amount  of  principal  and  interest  of  the 
loans  to  be  repaid  at  six  per  cent,  per  annum  from  the  date 
thereof  until  the  time  when  said  bonds  will  probably  be  sold 
as  hereinafter  provided.  They  shall  then  issue  the  bonds  of  such 
district  to  the  amount  so  ascertained  which  bonds  shall  draw 
interest  at  a  rate  not  to  exceed  six  per  cent,  per  annum  payable 
either  annually  or  semi-ann-ually  as  the  trustees  shall  determine, 
and  each  of  said  bonds  shall  be  for  the  sum  of  one  hundred  dol- 
lars or  multiples  thereof  and  shall  run  for  such  length  of  time 
as  the  said  trustees  shall  determine,  not  exceeding  a  period  of 
ten  years  from  the  date  thereof;  said  bonds  shall  be  in  such 
form  as  the  board  of  trustees  may  direct,  and  shall  bear  the 
signature  of  the  chairman  of  the  board  of  trustees,  and  shall  be 
signed  by  the  clerk  as  clerk  of  said  school  district,  and  the 
coupons  attached  to  said  bonds  shall  be  signed  by  said  chairman 
and  said  clerk ;  provided,  that  lithographic  or  engraved  fac 
similes  of  the  signature  of  the  chairman  and  clerk  may  be  affixed 
to  coupons  only  when  so  credited  in  the  bond,  and  each  bond 
so  issued  shall  be  registered  by  the  county  treasurer  in  a  book 
provided  for  that  purpose  which  shall  show  the  number  and 
amount  of  each  bond  and  the  person  to  whom  the  same  is  issued 
or  sold,  and  said  bonds  shall  be  sold  and  the  proceeds  thereof 
deposited  with  the  county  treasurer  in  the  manner  provided  by 
the  provisions  of  Section  1016  (1963),  of  the  Political  Code  of 
this  state,  and  paid  out  by  the  trustees  to  the  persons  and  cor- 


162  GENERAL  SCHOOL  LAW 

porations  to  whom  the  loans  for  the  payment  of  which  such 
bonds  were  issued  are  payable.  (Act  approved  February  iQth, 
1901.  Sec.  4).  (7th  Sess.  4-5). 

1018.  General  Laws  Applicable. — All  of  the  powers  conferred 
and  duties  enjoined  upon  school  trustees  and  county  commis- 
sioners by  Sections  1008  (1965),  1009  (1966),  1010  (1967),  ion 
(1968)  and  1012  (1969),  of  the  Political  Code  of  this  state  and 
any  amendments  thereof  for  raising  money 'to  pay  the  interest 
on,  and  to  provide,  and  for  the  care  and  management  of,  a  sink- 
ing fund  for  the  redemption  and  payment  of  bonds  issued  by 
school  districts  under  the  provisions  of  existing  laws  are  hereby 
conferred  and  enjoined  upon  school  trustees  and  county  com- 
missioners respectively  with  respect  to  all  bonds  issued  under 
the  provisions  of  this  Act  as  fully  and  completely  to  all  intents 
and  purposes  as  though  the  above  named  sections  were  in- 
corporated in  and  made  a  part  of  this  Ajct.  (Act  approved'  Feb- 
ruary igth,  1901,  Sec.  5).  (7th  Sess.  5). 


ARTICL  XX. 

Vacancies. 

Section  1019.     Vacancy  in  school  board. 
Section  1020.     Vacancy.    Clerk. 
Section  1021.    Trustee.     How  removed. 

1019.  (Sec.    1980.)     Vacancy   in  School  Board. — When   any 
vacancy  occurs  in  the  office  of  trustee  of  any  school  district  by 
death,  resignation,  failure  to  elect  at  the  proper  time,  removal 
from  the  district,  or  other  cause  the  fact  of  such  vacancy  shall 
be   immediately   certified  to  the   county   superintendent  by   the 
clerk  of  the  school  district,  and  the  county  superintendent  shall 
immediately   appoint   in   writing   some   competent   person,   who 
shall  qualify  and  serve  until  the  next  annual  school  election.  The 
county  superintendent  shall  at  the  same  time  notify  the  clerk 
of  the  schol  district  of  every  such  appointment;  Provided,  that 
absence  from  the  school  district  for  sixty  consecutive  days  shall 
constitute   a  vacancy   in   the   offiice  of  trustee.     (Act   approved 
March  n,  1895). 

1020.  (Sec.    1981.)     Vacancy.     Clerk. — Should    the   office    of 
the   clerk   of   the   school   district   become   vacant,   the   board   of 
school  trustees  shall  immediately  fill  such  vacancy  by  appoint- 
ment, and  the  chairman  of  the  board  shall  immediately  notify 


STATE  OF  MONTANA. 


163 


the  county  superintendent  of  such  appointment.     (Act  approved 

March   11,   1895). 

1021.     (Sec.    1982.)     Trustees.     How  Removed. — Any  school 

trustee  may  be  removed  from  office  by  a  court  of  competent 

jurisdiction,   as   provided   by  law   for   removal   of  elective   civil 

officers ;  Provided,  however,  that  upon  charges  being  preferred 
ind  good  cause  shown  the  board  of  county  commissioners  may 
suspend  a  trustee  until  such  time  as  such  charges*can  be  heard 

in  the  court  having  jurisdiction  thereof.     (Act  approved  March 

ii,  1895)- 


Section  1022. 
Section  1023. 
Section  1024. 

Section  1022. 


ARTICLE  XXI. 

Tree  Planting. 
Arbor  day. 
Arbor  tfay  exercises. 
Same.     Superintendent  of  public  instruction. 

The  second  Tuesday  of  May  in  each  year  shall 


be  known  throughout  the  State  of  Montana  as  "Arbor  Day'*. 
Approved  March  4,  1909. 

1023.  (Sec.  1991.)     Arbor  Day  Exercises. — In  order  that  the 
children  in  our  public  schools  shall  assist  in  the  work  of  adorning 
the  school  grounds  with  trees,  and  to  stimulate  the  minds  of  the 
children  towards  the  benefit  of  preservation  and  perpetuation  of 
our  forests  and  the  growing  of  timber,  it  shall  be  the  duty  of  the 
authorities   in  every  public  school   district   in  this  state. to  as- 
semble the  children  in  their  charge  on  the  above  day  in  the  school 
building  or  elsewhere,  as  they  may  deem  proper,  and  to  provide 
for  and  conduct  under  the  general  supervision  of  the  city  super- 
intendent, county  superintendent,  teachers  and  trustees  or  other 
school  authorities  having  the  general  charge  and  oversight  of  the 
public  schools  in  each  city  or  district,  to  have  and  hold  such 
exercises  as  shall  tend  to  encourage  the  planting,  preservation 
and  protection  of  trees  and  shrubs,  and  an  acquaintance  with  the 
best  methods  to  be  adopted  to  accomplish  such  results.     (Act 
approved  March  n,  1895). 

1024.  (Sec.  1992.)     Same.     Superintendent  of  Public  Instruc- 
tion.— The    superintendent    of    public     instruction     shall     have 
power  to  prescribe  from  year  to  year  a  course  of  exercises  and 
instructions  in  the  subject  hereinbefore  mentioned,  which  shall 
be  adopted  and  observed  by  the  said  public  school  authorities 
on  Arbor  Day.     (Act  approved  March  n,  1895). 


164  GENERAL  SCHOOL  LAW 

ARTICLE  XXII. 

Pioneer  Day. 

Section  1025.     Designation  of  Pioneer  day. 

Section  1026.     Exercises  in  public  schools. 

Section  1027.     Pioneer  medals. 

Section  1028.     Copies    of   essay    to    be    deposited    with    librarian    oC 

Historical  library. 
Section  1029.     Course  of  exercises. 

1025.  That  the  first  Friday  of  November  of  each  year  shall 
be  designated  and  known  as  Pioneer  Day  in  the  State  of  Mon- 
tana. 

Act  approved  February  26,  1909. 

1026.  Exercises  in  Public  Schools. — That  on    said    Pioneer 
Day  in  the  public  schools  the  afternoon  thereof  shall  be  devoted 
to  the  study  and  discussion  of  pioneers  and  pioneer  history  of  the 
region  of  country  now  comprising  the  State  of  Montana.     (Act 
approved  March  5th,  1903,  Sec.  2).     (8th  Sess.  Chap.  88). 

1027.  Pioneer  Medal. — That  the  state  board  of  education  is 
hereby  authorized  to  annually  award  its  pioneer  medal  to  the 
student  of  the  public  schools  or  state  institutions  who  shall  on 
said  day  deliver  the  best  essay  on  such  subject  of  pioneer  history, 
having  regard  to  historical  research  and  literary  merit.     (Act 
approved  March  5th,  1903,  Sec.  3).     (8th  Sess.  Chap.  88). 

1028.  That  copies  of  such  essays  shall  be  filed  by  the  said  state 
board  of  education  with  the  librarian  of  the  historical  and  mis- 
cellaneous department  of  the  state  library. 

Approved  February  26,  1909. 

1029.  That  the  librarian  of  the  Historical  and  Miscellaneous 
department  of  the  state  library  shall  have  power  and  it  shall  be 
his  duty  to  prescribe  from  year  to  year  a  suitable  course  of 
exercises  to  be  observed  in  the  public  schools  of  the  state  on 
Pioneer  Day. 

Approved  February  26,  1909. 


ARTICLE  XXIII. 

School  Libraries. 

Section  1030.  Library  fund. 

Section  1031.  Same. 

Section  1032.  Same. 

Section  1033.  Location  and  control  of  libraries. 

Section  1034.  Rules.     Reports. 

Section  1035.  Selection  of  books. 


STATE  OF  MONTANA.  1G5 

1030.  Library  Fund. — A  library  fund  is  hereby  created,  and 
the  board  of    school    trustees   must   expend   the   library  fund, 
together  with  such  moneys  as  may  be  added  thereto  by  donation, 
in  the  purchase  of  books  for  a  school  library,  including  books 
for  supplementary  work,  provided,  that  in  school  districts  other 
than  cities,  maintaining  a  free  public  library  and  having  a  popu- 
lation of  two  thousand  or  more  such  library  fund  may,  in  the 
discretion  of  the  board  of  trustees,  be  used  for  the  payment  of 
the  current  expenses  for  maintenance  of  the  schools.     (Act  ap- 
proved February  14,  1905).     (9th  Sess.  Chap.  14). 

1031.  (Sec.  2001.)     Same. — Except  in  cities  having  a  popu- 
lation of  two  thousand  or  more,  the  library  fund  shall  consist 
of  not  less  than  five  nor  more  than  ten  per  cent  of  the  county 
school  fund  annually  apportioned  to  the  district;  Provided,  that 
such  ten  percent  exceed  fifty  dollars,  fifty  dollars  only  shall  be 
apportioned  to  the  district.     (Act  approved  March  n,  1895). 

1032.  (Sec.  2002.)     Same. — In  cities  having  a  population  of 
two  thousand  or  more,  the  library  fund  shall  consist  of  a  sum 
not  to  exceed  fifty  dollars  for  every  five  hundred  children  or 
fraction  thereof  of  three  hundred  or  more,  between  the  ages  of 
six  and  twenty-one  years,  annually  taken  from     the     general 
school  fund  of  the  county  apportioned  to  such  district.     (Act 
approved  March  n,  1895). 

I033-  (Sec.  2003.)  Location  and  Control  of  Libraries. — 
Libraries  shall  be  under  the  control  of  the  board  of  trustees  and 
must  be  kept,  when  practicable,  in  the  school  houses.  (Act 
approved  March  n,  1895). 

1034.  (Sec.  2004.)     Rules.     Reports. — The  trustees  shall  be 
held  accountable   for  the   proper  care  and  preservation  of  the 
library,  and  shall  make  all  needful  rules  and  regulations  not  pro- 
vided for  by  the  superintendent  of  public  instruction,  and  not 
inconsistent   therewith ;   and   they  shall   report  annually  to  the 
county   superintendent  all   library   statistics   which   may  be   re- 
quired by  the  blanks  furnished  for  the  purpose  by  the  superin- 
tendent of  public  instruction.     (Act  approved  March  n,  1895). 

1035.  (2005).       Selection    of    Books. — All    books    shall    be 
selected   from   lists   approved   by   the   superintendent  of  public 
instruction.       (Act  approved  March  n,  1895). 


166  GENERAL  SCHOOL  LAW 

ARTICLE  XXIV. 

Miscellaneous. 

Section  1036.  Gender. 

Section  1037.  Fines   and   penalties. 

Section  1038.  Insult  to  teacher. 

Section  1039.  Disturbance  of  school. 

Section,  1040.  Printing  and  binding. 

Section  1041.  School  officers  not  to  act  as  agents. 

Section  1042.  O:ath  of  office. 

Section  1043.  Duty  of  county  attorney. 

Section  1044.  Penalties. 

1036.  (Sec.  2020.)     Gender. — Whenever  the  word    "he"    or 
"his"  occurs  in  this  title,  referring  either  to  the  members  of  the 
board  of  trustees,  county  superintendent,     teachers,     or  other 
school   officers,   it  shall  be  understood  to  mean  also  "she"  or 
"her"."     (Act  approved  March  n,  1895). 

1037.  (Sec.  202 1.)     Fines  and  Penalties.' — All  fines  and  pen- 
alties, not  otherwise  provided  for  in  this  title,  shall  be  collected 
by  an  action  in  any  court  of  competent  jurisdiction,  and  shall 
be  paid  into  the  county  school  fund  immediately  after  collection. 
(Act  approved  March  n,  1895). 

1038.  (Sec.  2022.)     Insult  to  Teacher. — Any  parent,  guardian 
or   other  person,   who  shall   insult  or   abuse   a  teacher   in   the 
presence  of  the  school,  or  anywhere  on  the  school  grounds  or 
premises,  shall  be  deemed  guilty  of  a  misdemeanor  and  liable  to 
a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars.     (Act  approved  March  n,  1895). 

1039.  (Sec.  2023.)     Disturbance  of  School. — Any  person  who 
shall   wilfully   disturb   any  public  school   or  any   public   school 
meeting,  shall  be  deemed  guilty  of  a  misdemeanor,  and  liable 
to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars.     (Act  approved  March  n,  1895). 

1040.  (Sec.   2024.)     Printing   and   Binding. — All   printing  or 
binding  required  under  this  title  shall  be  executed  in  the  form 
and  manner  and  at  a  price  not  exceeding  other  county  printing 
and  shall  be  paid  in  like  manner  out  of  the  general  school  fund. 
(Act  approved  March  n,  1895). 

1041.  (Sec.  2025.)     School  Officers  not  to  Act  as  Agents. — 
Neither  the  superintendent  of  public  instruction,  nor  any  person 
in  his  office,  nor  any  county  superintendent,  nor  school  district 
officer,   nor   any   officer   or   teacher   connected   with   any   public 
school,  shall  act  as  agent  or  solicitor  for  the  sale  of  any  school 


STATE  OF  MONTANA.  167 

books,  maps,  charts,  school  library  books,  school  furniture  or 
apparatus  or  furnish  any  assistance  to  or  receive  any  reward 
therefor,  from  any  author,  publisher,  bookseller  or  dealer,  doing 
the  same.  Every  person  violating  this  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  be  liable  to  a  fine  of  not  less  than 
fifty  nor  more  than  two  hundred  dollars  for  each  offense,  and 
shall  be  liable  to  removal  from  office  therefor.  (Act  approved 
March  n,  1895). 

1042.  (Sec.  2026.)     Oath  of  Office.  —  Any  person  elected  or 
appointed  to  any  office  mentioned  in  this  title  shall,  before  enter- 
ing upon  the  discharge  of  the  duties  thereof,  take  the  oath  of 
office.     In  case  such  officer  has  a  written  appointment  or  com- 
mission, his  oath  shall  be  endorsed  thereon  :  otherwise  it  may 
be  taken  orally;  in  either  case  it  may  be  sworn  to  before  any 
officer  authorized  to  administer  all  oaths  relative  to  school  busi- 
ness appertaining  to  their  respective  offices,  without  charge  or 
fee.     (Act  approved  March   n,   1895). 

1043.  (Sec.  2027.)     Duty  of  County  Attorney.  —  The  county 
attorney  shall  be  the  legal  advisor  of  the  county  superintendent, 
and  all  school  trustees,  and  shall  prosecute  and  defend  all  suits 
to  which  a  district  may  be  a  party.     (Act  approved  March  n, 


1044.  (Sec.  2028.)  Penalties.  —  Any  person  who  shall  violate 
any  provision  of  this  title  shall  be  deemed  guilty  of  a  misde- 
meanor (when  not  otherwise  provided  in  this  title)  and  upon 
conviction  thereof  shall  be  fined  in  a  sum  not  less  than  twenty 
dollars  nor  more  than  two  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  less  than  five  days  nor  more  than  thirty 
days,  or  by  both  such  fine  and  imprisonment.  (Act  approved 
March  n,  1895). 

Hilbury  v.  St.  P.  R.  Co.,  23  Mont.  243;  58  Pac.  556. 


SENATE  BILL  2. 

All  moneys  received  from  the  investment  of  the  permanent  funds 
of  state  educational  institutions  and  reform  school  and  from  leasing 
of  lands  granted  thereto  shall  be  deposited  monthly  with  the  state  treas- 
urer to  the  credit  of  said  institutions. 

Interest  and  income  fund. 

Money  to  be  paid  out  only  on  warrant  of  the  state  auditor  drawn 
on  a< 'count  of  support  and  maintenance  of  such  institutions. 

Warrants  not  to  be  drawn  until  claims  have  been  approved  by  state 
board  of  examiners. 


168  GENERAL  SCHOOL  LAW 

Interest  and  income  fund  to  be  exhausted  before  any  money  from 
appropriations  from  the  general  fund  is  paid  out. 

The  executive  board  of  each  institution  shall  quiarterly  prepare 
detailed  statements  and  file  same  with  board  of  examiners. 

Contents  of  quarterly  statements. 

Statement  mfust  be  verified  by  the  president  of  the  board  and 
treasurer  of  the  institution. 

The  executive  boards  of  such  institutions  shall  biennially  at  the 
end  of  November  of  each  even  numlbered  year  prepare  detailed  state- 
ments. 

What  statements  shall  show. 

Additional  matter  which  biennial  statements  shall  show. 

Biennial  reports  shall  be  signed  and  verified  by  the  president  of 
the  board  and  treasurer  of  the  institution. 

Repealing  clause. 

When  Act  shall  take  effect. 

An  Act  to  provide  for  the  deposit  and  disbursement  of  money 
received  from  the  investment  of  the  permanent  funds  of  the 
state  educational  institutions,  and  from  the  leasing  of  lands 
granted  by  the  Federal  Government  to  such  institutions,  to  be 
known  and  designated  as  the  "Interest  and  Income  Funds"  of 
each  of  such  institutions ;  reducing  the  appropriations  from  the 
general  fund;  and  providing  for  reports  by  said  educational  in- 
stitutions of  all  moneys  received  from  appropriations  made  to 
them  under  the  laws  of  the  United  States. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  i.  All  moneys  received  from  the  investment  of  the 
permanent  funds  of  the  University  of  Montana,  the  Agricultural 
College  of  Montana,  School  of  Mines  of  Montana,  State  Normal 
School  of  Montana,  State  Reform  School  of  Montana  and  Deaf 
and  Dumb  School  of  Montana,  and  all  money  received  from  the 
leasing  of  lands  granted  to  said  institutions  shall  at  the  close  of 
each  calendar  month  be  deposited  with  the  state  treasurer  of 
Montana  for  each  of  such  institutions  to  the  credit  of  what  shall 
be  known  and  designated  as  the  "Interest  and  Income  Fund"  of 
each  of  said  institutions. 

Section  II.  The  money  received  by  the  state  treasurer  under 
the  provisions  of  Section  I  of  this  Act  shall  be  paid  out  by  him 
only  on  warrants  issued  by  the  state  auditor  in  payment  of  claims 
for  expenses  actually  incurred  for  the  support  and  maintenance 
of  the  institution  filing  the  same,  and  the  state  auditor  shall  not 
draw  warrants  on  said  interest  and  income  funds  for  any  such 


STATE  OF  MONTANA.  169 

claims  until  after  the  claim  has  been  duly  filed  with  and  audited 
and  approved  by  the  state  board  of  examiners. 

Section  III.  In  the  payment  of  claims  presented  by  any  of 
the  institutions  named  in  Section  i  of  this  Act,  the  interest  and 
income  funds  mentioned  in  said  Section  I,  so  far  as  available  for 
the  payment  of  the  items  set  out  in  said  claim,  shall  be  exhausted 
before  any  warrants  shall  be  drawn  against  the  appropriation 
made  by  the  state  out  of  the  general  fund  for  the  maintenance 
of  the  institution  filing  the  claim. 

Section  IV.  That  on  the  first  of  March,  first  of  June,  first  of 
September,  and  first  of  December  of  each  year  the  executive 
board  of  each  of  the  institutions  named  in  Section  I  of  this  Act 
shall  prepare  or  cause  to  be  prepared  a  detailed  statement  show- 
ing all  the  expenses  incurred  and  all  disbursements  made  by 
such  institution  during  the  preceding  quarter,  and  the  purposes 
for  which  the  same  were  made,  out  of  funds,  if  any,  appropriated 
by  the  United  States  government  for  the  maintenance  and  sup- 
port of  any  such  institutions.  Such  reports  shall  be  signed 
and  verified  under  oath  by  the  president  of  the  executive  board 
and  treasurer  of  the  institution  making  the  same  and  shall  be 
filed  with  the  state  board  of  examiners. 

Section  V.  The  executive  board  of  each  of  the  institutions 
named  in  Section  I  of  this  Act  shall,  at  the  end  of  November 
of  each  even  numbered  year,  beginning  with  November  30,  1910, 
prepare  a  full  detailed  statement,  showing  all  moneys,  if  any, 
received  by  such  institution  from  the  United  States  government, 
and  of  the  moneys  received  from  the  investment  of  the  permanent 
school  funds  of  the  institutions,  and  of  moneys  received  from 
the  leasing  of  lands  granted  to  such  institutions  and  all  money 
appropriated  by  the  State  of  Montana  out  of  the  general  fund 
for  such  institution,  and  all  money  received  from  tuitions  or  any 
other  sources  whatever  during  the  two  years  preceding  the  3Oth 
day  of  November. 

Such  report  shall  also  show  all  disbursments  made  out  of 
the  funds  received  from  each  of  the  sources  mentioned  above  in 
this  Section  and  the  purposes  for  which  each  disbursement  was 
made  during  such  two  years.  Said  reports  shall  also  contain  a 
statement  showing  the  amount  of  money,  if  any,  that  will  be 
received  from  the  United  States  government  for  the  maintenance 
and  support  of  the  institution  for  the  next  ensuing  two  years, 
and  also  an  estimate  of  the  amounts  of  money  that  will  be  receiv- 


170  GENERAL  SCHOOL  LAW 

ed  for  the  maintenance  of  institution  from  the  investment 
of  the  permanent  fund  thereof  and  from  the  leasing  of  lands 
granted  to  the  institution  for  the  next  ensuing  two  years.  Said 
reports  shall  be  signed  and  verified  under  oath  by  the  president 
of  the  executive  board  and  treasurer  of  the  institution  and  filed 
with  the  Governor  of  the  State  of  Montana  within  ten  days  from 
and  after  November  3Oth  of  each  even  numbered  year. 

Section  VI.  All  Acts  and  parts  of  Acts  in  conflict  herewith 
are  hereby  repealed. 

Section  VII.  This  Act  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Approved  March  8,  1909. 

SENATE  BILL  100. 

Revised  Codes  of  1907,  Section  1171  amended. 

Admission  of  feebled  minded  persons  into  school  for  the  deaf,  blind 
and  feeble  minded. 

Capacity  of  the  person. 

•Board  of  trustees  may  adopt  and  apply  tests  to  ascertain  condition 
of  person. 

Object  of  tests. 

Separate  building  to  be  provided  for  feeble  minded. 

Feeble  minded  department  shall  be  under  supervision  of  the  board 
and1  superintendent. 

Assistant  superintendent  may  be  appointed. 

Feeble  minded  pupils  may  be  retained  for  life. 

Establishment  of  farm  colony  for  feeble  minded. 

Repealing  clause. 

An  Act  to  amend  Section  1171  of  the  Revised  Codes  of  Mon- 
tana of  1907,  relating  to  the  admission,  care  and  retention  of 
person  and  children  in  the  Montana  school  for  the  deaf,  blind 
and  feeble  minded  at  Boulder,  Montana. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  i.  That  Section  1171  of  the  Revised  Codes  of  Mon- 
tana of  1907,  be  and  the  same  is  hereby  amended  so  as  to  read  as 
follows  : 

"Section  1171.  All  feeble  minded  persons,  residents  in  the 
State  of  Montana  and  qualified  after  the  general  manner  pre- 
scribed in  Section  1168  of  this  Act,  shall  be  admitted  into  this 
school;  Provided,  that  every  such  person  shall  be  capable,  in  the 
judgment  of  the  trustees,  of  at  least  some  mental,  moral  or 
physical  training,  such  as  falls  within  the  proper  function  of  a 


1 


STATE 

school,  as  distinct  from  an  asylum.  To  the  end  that  the  board 
of  trustees  may  arrive  at  some  definite  method  of  judging  such 
cases,  they  are  hereby  empowered  to  ascertain  and  establish 
certain  tests,  which  tests  shall  be  thoroughly  and  impartially 
applied  to  each  case  before  final  admission  into  the  school,  and 
it  shall  be  the  object  of  said  tests  to  ascertain  in  each  case  if 
there  be  any  capacity  for  mental,  moral  or  physical  training; 
and  provided  further,  that  as  soon  as  possible  in  the  judgment 
of  the  board  of  trustees,  by  and  with  the  consent  of  the  state 
"board  of  education,  a  separate  building  and  premises,  adjoining 
yet  distinct  from  those  of  the  deaf  and  blind  shall  be  provided 
for  such  feeble  minded  persons,  which  building  and  premises 
shall  be  more  especially  adapted  to  the  peculiar  needs  of  said 
feeble  minded  class  of  persons.  That  said  feeble  minded  depart- 
ment shall  be  under  the  general  control  and  supervision  of  said 
board  of  trustees  and  superintendent ;  but  the  trustees,  after 
consultation  with  the  superintendent  and  at  his  request,  may  ap- 
point an  assistant  superintendent,  together  with  especially 
trained  teachers  and  attendants,  whenever  in  their  judgment  said 
feeble  minded  department  herein  provided  for  shall  seem  to  need 
such  additional  attention  and  supervision ;  and  provided  that  the 
said  officers  are  hereby  authorized  to  retain  in  the  care  of  said 
school  for  life,  such  feeble  minded  pupils  as  have  passed  the  age 
of  twenty-one  years  and  are  not  fit  mentally  to  make  their  way 
or  become  useful  members  of  society.  The  authorities  of  said 
school  are  directed  to  establish  a  farm  colony  for  the  feeble 
minded  on  the  ranch  belonging  to  the  school.  The  adults  feeble 
minded,  under  skilled  supervision  shall  be  required,  by  their 
labor,  to  contribute  as  far  as  possible  to  their  own  support  and 
to  the  support  of  the  school. 

Section  II.  All  Acts  and  parts  of  Acts  in  conflict  herewith 
are  hereby  repealed. 

Section  III.  This  Act  shall  be  in  full  force  and  effect  from  and 
after  its  passage  and  approval. 

Approved   March    10,   1909. 


172  GENERAL  SCHOOL  LAW 

Forms  for  Use  of  School  Officers. 

No.  i. 
CERTIFICATE  OF  ELECTION  OF  TRUSTEE. 

To of Greeting : 

This  is  to  certify  that  at  a School  Meeting  of 

School  District  No of County,  held  at  the 

School  House  of  said  District, '. ,  i .  . .  . , 

you  were  duly  elected  to  fill  the  office  of  trustee  for  the  term 

of . 

Section  862  of  the  Revised  Code  of  1907  reads  as  follows : 
Trustees  elected  shall  take  office  immediately  after  qualifying 
and  shall  hold  office  for  the  term  of  three  years  and  until  their 
successors  are  elected  and  qualified,  or  appointed  by  the  County 
Superintendent  of  Schools  and  qualified.  Every  trustee  elected 
shall  file  his  or  her  oath  of  office  with  the  County  Superintendent 
of  Schools.  Any  trustee  who  shall  fail  to  qualify  within  fifteen 
days  after  being  elected  shall  forfeit  all  right  to  office,  and  the 
County  Superintendent  of  Schools  shall  appoint  to  fill  the 
vacancy. 


Clerk  of  School  District  Meeting. 
OATH  OF  OFFICE. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support,  protect 
and  defend  the  Constitution  of  the  United  States,  and  the  Con- 
stitution of  the  State  of  Montana,  and  that  I  will  discharge  the 
duties  of  my  office  with  fidelity;  and  that  I  have  not  paid  or 
contributed,  or  promised  to  pay  or  contribute,  either  directly  or 
indirectly,  any  money  or  other  valuable  thing  to  procure  my 
nomination  or  election  (or  appointment)  except  for  necessary 
and  proper  expenses  expressly  authorized  by  law ;  that  I  have 
not  knowingly  violated  any  election  law  of  this  State,  or  procured, 
it  to  be  done  by  others  in  my  behalf;  that  I  will  not  knowingly 
receive  directly  or  indirectly  any  money  or  other  valuable  thing 
for  the  performance  or  non-performance  of  an  act  or  duty 
pertaining  to  my  office  other  than  the  compensation  allowed  by 
law.  So  help  me  God. 


Subscribed  and  sworn  to  before  me  this.  .  .  .day  of I . . .  . 

Note. — This  oath  must  be  taken  before  some  one  authorized 
to  administer  oaths. 


STATE  OF  MONTANA. 


173 


II 


I 


No.  2. 

CERTIFICATE  OF  APPOINTMENT  OF  TRUSTEE. 

To of Greeting: 

This  is  to  certify  that  I  have  this  .  . .  day  of I .  .  . . , 

appointed   of County,  to  fill  the 

office  of  Trustee,  until  the  next  annual  election  af  said  district. 
Section  862  of  the  Revised  Code  of  1907  reads  as  follows : 
Trustees  elected  shall  take  office  immediately  after  qualifying 
and  shall  hold  office  for  the  term  of  three  years  and  until  their 
successors  are  elected  and  qualified,  or  appointed  by  the  County 
Superintendent  of  Schools  and  qualified.  Every  trustee  elected 
shall  file  his  or  her  oath  of  office  with  the  County  Superintendent 
of  Schools.  Any  trustee  who  shall  fail  to  qualify  within  fifteen 
days  after  being  elected  shall  forfeit  all  rights  to  office,  and  the 
County  Superintendent  of  Schools  shall  appoint  to  fill  the 
vacancy. 


County  Superintendent. 

Remarks. — This  Certificate,  with  oath  of  office  endorsed  there- 
on, signed  and  sworn  to  before  some  person  competent  to 
administer  oaths,  must  be  sent  to  the  County  Superintendent. 

OATH  OF  OFFICE. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support,  protect 
and  defend  the  Constitution  of  the  United  States,  and  the  Con- 
stitution of  the  State  of  Montana,  and  that  I  will  discharge  the 
duties  of  my  office  with  fidelity ;  and  that  I  have  not  paid  or 
contributed,  or  promised  to  pay  or  contribute,  either  directly  or 
indirectly,  any  money  or  other  valuable  thing  to  procure  by 
nomination  or  election  (or  appointment)  except  for  necessary 
and  proper  expenses  expressly  authorized  by  law ;  that  I  have  not 
knowingly  violated  any  election  law  of  this  State,  or  procured 
it  to  be  done  by  others  in  my  behalf;  that  I  will  not  knowingly 
receive  directly  or  indirectly  any  money  or  other  valuable  thing 
for  the  performance  or  non-performance  of  any  act  or  duty  per- 
taining to  my  office  other  than  the  compensation  allowed  by  law. 
So  help  me  God. 


Subscribed  and  sworn  to  before  me,  this  .  . .  .day  of ,  i 


Remarks. — This  oath  may  be  taken  before  any  school  officer  or 
other  person  competent  to  administer  oaths. 


174  GENERAL  SCHOOL  LAW 

No.  3. 

CERTIFICATE  OF  APPOINTMENT  OF  CLERK. 
To  ...............  of  .................  Greeting: 

This  is  to  certify  that  as  a  *  .......  .'  .........  School  meeting 

of  School  District  No  ....  of  ...................  County,  held 

....................  ,  i  ......  you  were  duly  appointed  to  fill  the 

office  of  District  Clerk  to  serve  during  the  pleasure  of  the  Board. 
If  you  accept,  please  take  the  oath  of  office  hereto  attached,  and 
return  this  notice  to  the  Trustees  without  delay. 


)  Trustees  for  District  No 


*  State  whether  "Regular"  or  "Special"  meeting. 

Remarks.  —  This  certificate  with  oath  of  office  endorsed  there- 
on, signed  and  sworn  to  before  some  person  compentent  to 
administer  oaths,  must  be  sent  to  County  Superintendent  after 
receipt  by  the  Trustees. 

OATH  OF  OFFICE. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support,  protect 
and  defend  the  Constitution  of  the  United  States,  and  the  Con- 
stitution of  the  State  'of  Montana,  and  that  I  will  discharge  the 
duties  of  my  office  with  fidelity;  and  that  I  have  not  paid  or  con- 
tributed, or  promised  to  pay  or  contribute,  either  directly  or 
indirectly,  any  money  or  other  valuable  thing  to*  procure  my 
nomination  or  election  (or  appointment)  except  for  necessary  and 
proper  expenses  expressly  authorized  by  law  ;  that  I  have  not 
knowingly  violated  any  election  law  of  this  State,  or  procured 
it  to  be  done  by  others  in  my  behalf;  that  I  will  not  knowingly 
receive  directly  or  indirectly  any  money  or  other  valuable  thing 
for  the  performance  or  non-performance  of  any  act  or  duty  per- 
taining to  my  office  other  than  the  compensation  allowed  by  law. 
So  help  me  God. 


Subscribed  and  sworn  to  before  me  this.  . .  .day  of ,  i 


Remarks. — This  oath  may  be  taken  before  any  school  officer 
or  other  person  competent  to  administer  oaths. 


STATE  OF  MONTANA. 


175 


No.  4. 

AGREEMENT  BETWEEN  SCHOOL  TRUSTEES  AND 

TEACHER. 

This  agreement,  made  an  entered  into  this  day  of 

,  A.  D.  i ,  between  , 

party  of  the  first  part,  and  the  School  Trustees  of  School  District 

No. . .  .,  of County,  Montana,  parties  of  the 

second  part, 

Witnesseth,  that  the  said  ,  who  holds  a 

legal  certificate  as  teacher  for  said  county,  hereby  agrees,  for  the 
consideration  hereafter  stated,  to  teach  the  school  in  said  district 

for  the  period  of -.  . .  .  months,  commencing  on  the  .... 

day  of ,  i.  . .  .,  and  . ., 

further  agrees  to  enforce  the  rules  and  regulations  prescribed 
by  the  Superintendent  of  Public  Instruction  and  the  County 
Superintendent;  to  strictly  follow  the  advice  of  the  County 
Superintendent  given  within  his  or  her  authority;  to  use  only 
such  text-books  as  are  prescribed  by  law;  and  to  keep  a  school 
register  and  make  the  returns  prescribed  by  law,  and  to  use  the 
prescribed  course  of  study. 

And  the  parties  of  the  second  part,  hereby  agree  to  pay  the  said 

,  dollars  for  each  and 

every  month  of  twenty  school  days,  in  the  manner  following, 
to-wit.  By  drawing  their  order  upon  the  County  Treasurer  of 
said  County,  to  be  paid  out  of  any  school  moneys  in  the  County 
Treasury  standing  to  the  credit  of  said  District. 

It  is  mutually  understood  and  agreed  that  whenever  the  school 
shall  be  closed  by  order  of  the  Trustees  on  account  of  the 
prevalence  of  contagious  or  epidemic  disease,  or  from  any  cause, 
the  salary  of  said  first  party  as  teacher  shall 


In  witness  whereof  the  said  parties  have  hereunto  set  their 
hands  and  seals  in  duplicate  at  the  date  hereinbefore  mentioned. 


Teacher. 


Trustees  of  Schol  District  No 

County. 


176  GENERAL  SCHOOL  LAW 

Note. — Fill  out  the  blank  at  close  of  contract  in  accordance 
with  your  agreement  on  this  point.  If  the  teacher  is  to  receive 
her  salary  when  school  is  closed,  then  add,  "be  paid  the  same  as 
when  school  is  in  session,"  or,  if  no  salary  is  to  be  paid,  then 
add,  "cease  for  such  time  as  the  school  is  closed,"  or  such  words 
as  shall  clearly  express  your  agreement.  Each  party  should 
have  a  copy  of  the  contract. 


No.  10. 
NOTICE  OF  ELECTION. 

The  Annual  Meeting 
of  School  District  No  .....  ,      ..............  County,  Montana, 

for  the  election  o>f   ..............    Trustee.,    will  be  held  on 

Saturday,  April   ........  ,  I  .  .  .  .,  at  the  District  School  House. 

The  polls  will  be  open  between  the  hours  of  ......  and  ...... 

o'clock  .  .   m. 


....................  )  Trustees. 

....................  ) 

Dated   .  ,  I  .  , 


No.  ii. 
NOTICE  OF  ELECTION. 

A  Special  Meeting 
of  School  District  No  .....  ,       ..............  County,  Montana, 

for  the  purpose  of  .................  ......................... 

will  be  held  on  the   ....  day  of   ......................  ,  I  .  .  .  .  , 

at  the  District  School  House.     The  polls  will  be  open  between 
the  hours  of  ......  and  ......  o'clock  .  .  m. 


....................  )  Trustees. 

....................  ) 

Dated   ....  ......................  ,  I  ..... 


IN  DEX 


Page 

PROVISIONS   OF   THE   ENABLING   ACT    5 

CONSTITUTIONAL    PROVISIONS. 

Executive   Department    X 

Elective    Franchise    9 

Education     9 

Public   Indebtedness    12 

Public  Lands 12 

State    Institutions    9 

The  Legislative  Department 8 

STATUTORY  PROVISIONS. 
Title   III. 
Education. 

Admission  of  Feeble  Minded  Persons   170 

Agricultural  College  of  Montana  43 

Board    of   Trustees    100 

Bonds    154 

County  Superintendent  of  Schools  79 

Compulsory   Attendance    138 

city  Superintendent  of  Schools  149 

District   Clerks    110 

Duties  of  County  Treasurer   128 

Duties  of  County  Clerk.  Clerk  of  District  Court  and  Justices  of  the 

Peace    129 

Election  of  School  Trustees   89 

Examinations  and  Certificates   132 

Free  County  High  Schools   120 

Industrial    Schools    144 

t.ment  of  Permanent  Funds   167 

Miscellaneous     166 

Pioneer    Day    164 

School  Libraries    164 

School   Funds    149 

Schools     116 

School   Districts    84 

State  Text-Book  Commission   66 

State    Normal    School     58 

School  of  Mines    34 

State  University  of  Montana  26 

State  Board  of  Education    13 

Superintendent   of   Public  Instruction    74 

Teachers    Ill 

Teachers'    Institutes    130 

Tree  Planting    163 

Vacancies    ,  162 


247902 


